Gauhati High Court
WP(C)/8582/2019 of ANOWAR HUSSAIN Vs THE UNION OF INDIA AND 7 ORS on 18 August 2026
GAHC010281062019 2026:GAU-AS:11877 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8582/2019 ANOWAR HUSSAIN S/O- LATE NABI HUSSAIN @ NABI BEPARI, R/O- VILL- KONIBARI, P.S- GOHPUR, DIST- SONITPUR, ASSAM VERSUS THE UNION OF INDIA AND 7 ORS
GAHC010281062019
2026:GAU-AS:11877
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8582/2019
ANOWAR HUSSAIN
S/O- LATE NABI HUSSAIN @ NABI BEPARI, R/O- VILL- KONIBARI, P.S- GOHPUR, DIST- SONITPUR, ASSAM
VERSUS
THE UNION OF INDIA AND 7 ORS
THROUGH THE SECRETARY TO THE GOVT OF INDIA, MIN OF HOME
AFFAIRS, GRIHA MANTRALAYA, SHASTRI BHAWAN, TILAK MARG, NEW
DELHI- 110001
2:THE STATE OF ASSAM
THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT OF
ASSAM
HOME AND POLITICAL DEPTT
DISPUR
GUWAHATI- 781006
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSIONER OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI- 110001
4:THE STATE COORIDNATOR
NRC
ASSAM
BHANGAGARH
GUWAHATI- 781005
5:THE DEPUTY COMMISSIONER
SONITPUR
P.O- TEZPUR
DIST- SONITPUR
ASSAM
PIN- 784001
6:THE SUPERINTENDENT OF POLICE (B)
SONITPUR
P.O- TEZPUR
DIST- SONITPUR
ASSAM
PIN- 784001
7:THE DEPUTY COMMISSIONER
BISWANATH
BISWANATH CHARIALI
DIST. BISWANATH
ASSAM.
8:THE SUPERINTENDENT OF POLICE (BORDER)
BISWANATH
BISWANATH CHARIALI
DIST. BISWANATH
ASSAM
Advocate for the Petitioner : MR. I HUSSAIN, L R MAJUMDAR,MR. F A HASSAN
Advocate for the Respondent : ASSTT.S.G.I., SC, NRC,SC, ELECTION COMMISSION.,SC, F.T
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MR. JUSTICE PRANJAL DAS
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ORDER
Date : 19.08.2026 (K.R. Surana, J)
Heard Mr. I. Hussain, learned counsel for the petitioner. Also heard Ms. S. Bhattacharya, learned CGC, Mr. G. Sharma, learned standing counsel for the FT and NRC, Mr. N. Kalita, learned counsel on behalf of Mr. A.I. Ali, learned standing counsel for the ECI and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate.
2. Pursuant to orders passed earlier, the records of the Tribunal is received. Accordingly, with the consent of both sides, the matter has been heard at the motion stage.
3. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 25.07.2019, passed by the learned Member, Foreigners’ Tribunal-4th Tezpur at Gohpur, in F.T. (T-4)/GPR Case No.485/2016, arising out of S.P. Ref. Case No-Tz(B)/98/953/GHR LAC, ERO, Ref. Case No.25/97/81 dated 18/11/1997 and D.C. Case No.661/2013 , by which the petitioner was declared as an illegal migrant of post 25.03.1971 stream.
4. In view of the order of remand which the Court proposes to pass, the pleadings on record before the learned Tribunal have not been extensively referred to.
5. It would be suffice to mention that pursuant to service of notice, the petitioner appeared and contested the case by filing his written statement as well as evidence-on-affidavit and he was cross-examined on his evidence tendered.
6. In support of his defence, the petitioner has exhibited school certificate as Ext.1; opinion dated 28.09.2007, passed by the learned Member Foreigners Tribunal (Second), Sonitpur, Tezpur in F.T. (II) case No.55/2006, by which the petitioner projected that his brother was declared as not a foreigner as Ext.2; certified copy of voter list of 1971 as Ext.3; and certified copy of voter list of 1966 as Ext.4.
7. It may be stated that at the stage of cross-examination of the petitioner as DW-1, the learned Tribunal had permitted the petitioner to amend the written statement and to file evidence, but it appears that the petitioner has foregone the said liberty and did not turn up for his cross-examination and thus, there was no cross-examination of the petitioner as DW-1 therefore, after putting the petitioner to notice that if he fails to appear for the cross- examination, ex parte opinion would be passed. Despite order dated 22.10.2018, 02.11.2018 and 15.11.2018, the petitioner did not appear for his cross-examination and the matter was reserved for opinion by order dated 01.07.2019. Therefore, by the impugned opinion dated 25.07.2019, he was declared to be a foreigner.
8. It is noticed from the said impugned opinion that the learned Tribunal did not make any discussion in the impugned opinion regarding the said Ext.2, i.e., the opinion dated 28.09.2007, referred above.
9. The orders by which the matter was heard by the learned Tribunal without the recording of the further cross-examination is not under challenge. Therefore, the Court is inclined to remand the matter before the said learned Tribunal for passing a fresh opinion after considering the evidence on record including DW-1 and DW-2 which are already on record. It is also noticed from the Tribunals records that the petitioner had examined himself as DW-1 also examined one Manoj Dahal, Junior Assistant, Election Office, Biswanath Chariali as DW-2. However, in the form of deposition it is seen that the learned Tribunal has recorded DW-2 as DW-3 on 25.10.2016.
10. In order to facilitate the learned Tribunal to pass a fresh opinion, the impugned opinion dated 25.07.2019, passed by the learned Member, Foreigners’
Tribunal-4th, Tezpur at Gohpur, is hereby set aside on the ground of perversity fornot considering Ext.2.
11. The petitioner, who is duly represented by his learned counsel is directed to appear before the learned Member, Foreigners’ Tribunal-4th, Tezpur at Gohpur, within the outer time limit 28.09.2026. On the date of the appearance, the petitioner by producing a certified copy of this order, shall await for further orders to be passed by the said learned Tribunal.
12. The Registry is directed to expeditiously return the records of the learned Tribunal along with a copy of the order to be made a part of the record by the said learned Tribunal.
13. The learned counsel for the Border and FT matters shall send a downloaded copy of this order to the competent authority for their record. JUDGE JUDGE Comparing Assistant