Petitioner challenged subsequent Foreigners Tribunal proceedings under res judicata, asserting earlier adjudication concluded he entered Assam after 25.03.1971.
Petitioner to appear before Foreigners Tribunal Jorhat for determination of identity; Tribunal to proceed only if satisfied two persons are not same.
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GAHC010018152023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/553/2023
MD JAHED ALI S/O - LATE ABDUL KADIR, VILL.- PHALIHAMARI, P.S.- MAYONG, DIST.- MORIGAON, ASSAM.
VERSUS
THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI- 110001.
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT DISPUR
GUWAHATI-6.
3:THE ELECTION COMMISSION OF INDIA NEW DELHI 110001.
4:THE STATE COORDINATOR NRC ASSAM ACHYUT PLAZA
BHANGAGARH
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GUWAHATI-5.
5:THE STANDING COUNCIL
SPECIAL FT AND BORDER
6:THE DEPUTY COMMISSIONER SIVSAGAR ASSAM.
7:THE SUPERINTENDENT OF POLICE (B) CHARAIDEO ASSAM
Advocate for the Petitioner : MR. P RAHMAN
Advocate for the Respondent : DY.S.G.I.
BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN
Date : 06-02-2023
JUDGMENT & ORDER (ORAL)
(AM Bujor Barua, J)
Heard Mr. P Rahman, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC appearing on behalf of the respondents in the Union of India as well as for the authorities under the NRC, Ms. K Phukan, learned Government Advocate for the Deputy Commissioner, Sivasagar, Mr. T Pegu learned counsel for the Election Commission of India, Ms. A Verma, learned Special Counsel Foreigners Tribunal for the authorities under the Home Department, Government of Assam as well as the Superintendent of Police (B) Charaideo.
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Foreigners Tribunal (1st ) Morigaon in FT Case No.04/2010 in respect of Police Reference F.T. Case No.435/2006 and there is an opinion rendered dated 16.12.2013 arriving at a conclusion that he is not a person who had entered the State of Assam subsequent to 25.03.1971. Accordingly, the petitioner raises an issue of res judicata to assail the proceedings in FT Case No. F.T.CRD.1239/2003 before the Foreigners Tribunal Jorhat.
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JUDGE JUDGE
Comparing Assistant
2 issues framed by the court
Whether a subsequent proceeding regarding the petitioner's foreigner reference before the Foreigners Tribunal is barred by the principle of res judicata.
Whether the petitioner in two different Foreigners Tribunal cases is the same person and the same matter as in an earlier proceeding barring res judicata.
MD JAHED ALI
THE UNION OF INDIA
THE STATE OF ASSAM
THE ELECTION COMMISSION OF INDIA
THE STATE COORDINATOR NRC ASSAM
THE DEPUTY COMMISSIONER SIVSAGAR
ACHINTYA MALLA BUJOR BARUA
ROBIN PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
