Gauhati High Court
WP(C)/7545/2019 of MUSSTT. AJITON NESSA @ AJITA BANU Vs THE UNION OF INDIA AND 5 ORS. on 10 May 2026
GAHC010242672019 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7545/2019 MUSSTT. AJITON NESSA @ AJITA BANU W/O- LT LOKMAN ALI, D/O- LT ISMOT ALI, R/O- VILL- JORATHANI, P.S. RUPAHIHAT, DIST- NAGAON, ASSAM VERSUS THE UNION OF INDIA
GAHC010242672019
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7545/2019
MUSSTT. AJITON NESSA @ AJITA BANU
W/O- LT LOKMAN ALI, D/O- LT ISMOT ALI, R/O- VILL- JORATHANI, P.S.
RUPAHIHAT, DIST- NAGAON, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS.
REP. BY THE SECY. TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF
INDIA, SASTRI BHAWAN, NEW DELHI, PIN- 110001
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY-6
3:THE SUPERINTENDENT OF POLICE (B)
NAGAON
DIST- NAGAON
ASSAM
PIN- 782001
4:THE DY. COMMISSIONER
NAGAON
DIST- NAGAON
ASSAM
PIN- 782001
5:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI
INDIA
PIN- 110001
6:THE NATIONAL REGISTER OF CITIZEN
REP. BY THE STATE COORDINATOR
ASHYUT PLAZA
BHANGAGARH
KAMRUP (M)
ASSAM
PIN- 78100
Advocate for the Petitioner : MR. M A SHEIKH, MS F INTAZ,MS. A BEGUM,MR M H
CHOUDHURY
Advocate for the Respondent : ASSTT.S.G.I., SC, ELECTION COMMISSION.,SC, NRC,SC, F.T
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
HONOURABLE MR. JUSTICE PRANJAL DAS
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ORDER
11.05.2026 (S.K. Medhi
, J.) Heard Ms. A. Begum, learned counsel for the petitioner. Also heard Shri G. Sarma, learned Standing Counsel, Home Deptt. & NRC; Ms. RB Bora, learned GA, Assam; Ms. S. Katakey, learned Standing Counsel, Election Commission of India and Ms. B. Sarma, learned CGC.
2. The instant writ petition has been filed challenging the order dated 09.04.2019 passed by the learned Member, Foreigners' Tribunal No. 3, Nagaon in FT Case No. NFT (No.3) (D) 1230/2016 whereby the petitioner has been declared to be a foreigner post 25.03.1971 stream.
3. This writ petition was filed in the year 2019 and is still at the stage of motion. It may however be mentioned that vide order dated 17.02.2020, the records of the concerned Tribunal were called for, which have been received.
4. The learned counsel for the petitioner has informed this Court that the petitioner has passed away in the meantime. In fact, on the last occasion i.e., 07.04.2026, the death certificate was also produced.
5. We are of the opinion that after expiry of the petitioner, the present challenge has been rendered as mere academic. Further, it has been decided in a number of cases that any opinion rendered by the learned Tribunal against a proceedee would not be the sole ground to declare any other family members as foreigner since the declaration that a proceedee is a foreigner is specific in nature. In this regard, reliance can be placed on the case of Sudhir Kr. Roy Vs. Union of India decided on 04.01.2019 in WP(C)/6790/2018.
6. In view of the above, the instant writ petition is closed. Interim order passed earlier stands vacated.
7. The records be transmitted back to the concerned Foreigners Tribunal forthwith.
JUDGE JUDGE Comparing Assistant