Iman Ali Vs the Union of India and 6 Ors.

ASHOKA ROAD NEW DELHI INDIA 6:THE NRC REP. BY THE STATE COORDINATOR ACHYUT PLAZA BHANGAGARH KAMRUP(M) ASSAM 7:ABUL FAZAL S/O- LATE AZIZUL VILL- KANDULIMARI P.O- DAGAON DIST- NAGAON ASSSAM PIN- 78212

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Advocate for the Petitioner : MR. M A SHEIKH, MR. K U AHMED,MR M HUSSAIN,MS F INTAZ

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Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,SC, NRC,SC, ELECTION COMMISSION.,MR. K BORUAH (R7),MR. M ALOM (R7)

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BEFORE

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HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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Date : 15.09.2025 (K.R. Surana, J)

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Heard Ms. A. Begum, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Ms. P. Barua, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent.

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By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Md. Iman Ali, has assailed the impugned ex parte

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opinion dated 05.06.2008, passed by the learned Member, Foreigners Tribunal, Nagaon, in F.T. Case No. 248/06, by which the petitioner was declared as a foreigner of post 25.03.1971 stream from Bangladesh.

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The impugned ex parte opinion discloses that upon receipt of notice, the petitioner has entered appearance in the proceedings and filed his written statement, but did not adduce any evidence.

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This Court, while issuing notice on 01.10.2018, had called for the relevant records. It also appears from the record of the proceedings of this writ petition that on 22.05.2024, a coordinate Bench of this Court had passed an order to allow the petitioner to appear before the learned Foreigners Tribunal, Nagaon on 24.06.2024, however, after depositing a cost of Rs.10,000/- (Rupees ten thousand only) on or before 20.06.2024, before the Secretary, District Legal Services Authority, Nagaon and to submit the written evidence-on-affidavit on the date of appearance, i.e. 24.06.2024. However, due to some reasons, the said order could not be completed and uploaded. The said incomplete order is available in the records.

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Although the learned standing counsel for the FT matters has opposed the prayer made in this writ petition to interfere with the ex parte opinion dated 05.06.2008 on the ground that no cogent and convincing explanation has been made in this writ petition for approaching this Court after a period of 10 (ten) years.

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Be that as it may, as the record discloses that on 22.05.2024, a coordinate Bench of this Court had pronounced the judgment in open Court in terms as indicated above, the Court is inclined to treat this matter as an exception to the rule of delay and laches, which disentitles the petitioner to

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discretionary reliefs under Article 226 of the Constitution of India.

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Accordingly, this writ petition is allowed in terms of record of proceedings dated 22.05.2024, which is available on record.

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The impugned ex parte opinion dated 05.06.2008, passed by the learned Member, Foreigners Tribunal, Nagaon, in F.T. Case No. 248/06, in the matter of State v. Md. Iman Ali, thereby declaring the petitioner to be a foreigner of post 25.03.1971 stream from Bangladesh, is hereby set aside on condition that the petitioner shall appear and deposit the cost of Rs.10,000/(Rupees ten thousand only) as imposed by order dated 25.02.2024 by this Court to the Secretary, District Legal Services Authority, Nagaon on or before 17.10.2025. The receipt/acknowledgment of deposit of the amount before the Secretary, District Legal Services Authority, Nagaon shall be produced by the petitioner before the learned Member, Foreigners Tribunal, Nagaon in connection with FT Case No. 248/06, positively on or before 24.10.2025 along with his written evidence-on-affidavit along with the relevant original record by which the petitioner intends to prove his nationality.

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It is made clear that in the event the petitioner, namely, Md. Iman Ali does not deposit the cost as awarded or to appear and file his evidence-inaffidavit before the learned Member, Foreigners Tribunal, Nagaon in connection with the FT case mentioned above within 24.10.2025, it would be open to the said learned Tribunal to pass such order and/or opinion as it may deem fit and proper by treating the petitioner to have defaulted in appearance and/or in compliance of the terms and conditions of this order.

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The learned Tribunal shall make an endeavour to dispose of the proceedings as early as possible, if required by taking up the case by curtailing

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unnecessary adjournments on vague plea.

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It is made clear that as this order has been passed under circumstances unique to this case and therefore, this order is not intended to be cited as a precedent in any other case.

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The Registry shall transmit the records immediately to the concerned Tribunal along with a copy of this order to be made as a part of record.

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JUDGE JUDGE

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Comparing Assistant

Iman Ali v. the Union of India and 6 Ors.

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Iman Ali v. the Union of India and 6 Ors.

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