WP(C)/5233/2026 of SAIFUL ISLAM AND 5 ORS Vs THE UNION OF INDIA AND 5 ORS on 27 September 2026

ORDER

Date : 28.09.2026 (K.R. Surana, J)

Heard Mr.Z. Hammad, learned counsel for the petitioner. Also heard Ms. L. Devi, learned CGC; Ms. S. Katakey, learned standing counsel for the ECI; Mr. G. Sarma, learned standing counsel for the FT and Border matters and Mr. P. Sarmah, learned Senior Govt. Advocate.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioners have assailed the impugned ex parte opinion dated 06.03.2018, passed by the learned Member, Foreigners’ Tribunal 3rd, Nagaon, in F.T. Case No.NFT(No.3)(D)179/2015, corresponding to D/Case No.2206/1998 by which, the father of the petitioners, namely, Nur Mahammad was declared to be a foreigner of post 25.03.1971 stream.

3. The learned counsel for the petitioners has referred to the death certificate of the proceedee, wherein it is submitted that proceedee had died on 25.01.2010. It is submitted that the elder brother of the petitioners has also expired on which reliance is placed on another death certificate wherein the deceased namely, Shamnuriman had expired on 02.07.2025. Accordingly, it is submitted that the petitioners are the only legal representatives of the deceased proceedee.

4. Taking into account that as per the death certificate produced at Annexure 2, which reflects that the proceedee had died on 25.01.2010 and from the contents of the order sheet of the learned Tribunal, it appears that after the death of the proceedee, the case was received and registered before the learned Foreigners Tribunal No.1, Nagaon pursuant to order No.NFT(No.1)808/2015 dated 21.08.2015 and order No.NMM.115/2015/27-A, dated 04.08.2015 by the Deputy Commissioner, Nagaon. The initial notice by the learned Member, Foreigners Tribunal No.3rd, Nagaon was issued on 02.02.2018. Therefore, by the time, the proceeding was registered, the proceedee had already died.

5. Accordingly, under the circumstances, on a query from the Court, the learned standing counsel for the FT and Border matters has submitted that as per the case projected by the petitioners, the original proceedee against whom enquiry was conducted had died. Hence, in view of the contents of the death certificate, issued under registration No.14/19 dated 15.05.2019, which shows that the proceedee Nur Mohammad had died on 25.01.2010, he has no objection if the petitioners are permitted to appear before the learned Foreigners Tribunal to contest the proceedings.

6. Accordingly, in view of the projection that the proceedee had died on 25.01.2010, and on transfer of the present proceeding which was listed before the learned Foreigners Tribunal having jurisdiction on 02.02.2018, without finding any error in the ex parte opinion dated 06.03.2018, passed by the learned Member, Foreigners’ Tribunal 3rd,Nagaon, in F.T. Case No.NFT(No.3) (D)179/2015, corresponding to D/Case No.2206/1998, the same is hereby set aside as the original proceedee had already died before the re-registration of the proceeding.

7. Accordingly, the petitioners namely, (1) Saiful Islam, (2) Abdul Kalam,

(3) Abdul Jabbar, (4) Safia Khatun, (5) Abul Nasar and (6) Chadikul Islam are given the liberty to appear before the learned Member, Foreigners’ Tribunal No.3rd, Nagaon to contest the proceedings.

8. The above named petitioners shall appear before the said learned Tribunal on or before 15.10.2026 and by producing a certified copy of the order, await the further order(s) to be passed by the learned Member, Foreigners Tribunal, fixing a date for filing of written statement and for producing the documents on which reliance is placed.

9. It is provided that in the event the petitioners fail to appear before the learned Tribunal within the time period allowed, it would be open to the learned Tribunal to pass an appropriate order as deem fit and necessary.

10. The learned standing counsel, FT and Border matters shall transmit a downloaded copy of this order to the concerned respondent authorities to bring the order to the notice of the said authorities.

11. The writ petition stands disposed of at the motion stage without issuing notice on the respondents. Hence, liberty is granted to the State respondents to apply for modification of this order if it is found out that the original proceedee is not dead, as projected.

JUDGE JUDGE Comparing Assistant