Amir Uddin Mazumder Vs the Union of India and 3 Ors.

Heard Mr. M. Rahman, learned counsel appearing on behalf of Mr. A. S. Tapader, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned CGC, Mr. G. Sarma, learned Standing Counsel for FT and Border matters, Mr. H. Kuli, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel for the ECI and Mr. P. Sarmah, learned Additional Senior Govt. advocate for the State.

¶27

By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing of the notice dated 09.01.2017 issued on the petitioner by the Foreigners Tribunal No. 10^th in F.T.(C) Case No. 928/2018, requiring appearance of the petitioner in the said proceeding.

¶28

The case of the petitioner is that on an earlier occasion on a Reference case being Case No. FT/H/303/2013 was registered before the learned Member, Foreigner's Tribunal, Hojai, Sankardev Nagar, and the said learned Tribunal by an opinion dated 25.02.2015, upon appreciation of the evidence on record, decided and answered the reference in the negative by rendering an opinion that the petitioner namely, Md. Amiruudin, son of late Ambor Ali of Village

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Page No.# 3/4

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Modertoli Mikir Gaon under Doboka Police Station in the District of Nagaon is not a foreigner.

¶31

In the notice which has been issued in connection with F.T. Case No. 928/2015, the description of the petitioner is Md. Amiruddin Mozumdar, son of late Ambar Ali, village- Modertoli Mikir Gaon, P.S. Doboka. The issue raised by the petitioner was taken up by this Court along with 15 (fifteen) connected writ petitions and this Court vide judgment and order dated 19.04.2018, passed in the said WP(C) No. 7339/2015, and other connected matters, held that as a legal proposition, principles of res-judicata embodied in Section 11 of the Civil Procedure Code could not be attracted to a proceeding under the Foreigner's Act and the Foreigner's (Tribunals) Order. Accordingly, the writ petitions are directed to be listed separately and decided on their own merit.

¶32

In the meantime, a copy of the order dated 14.05.2025, passed by the Supreme Court of India in the case of Swapan Dutta Vs. The Union of India & Ors, in Civil Appeal No. 6799/2025, with Civil Appeal No. 6800/2025- Amir Uddin Mazumdar Vs. The Union of India & Ors, has been placed before the Court. Paragraph-4 and 13 of the said order are quoted below:-

¶33

The facts giving rise to Civil Appeal No. 6800 of 2025 are as follows:

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4.1 The appellant’s lineage appears in Assam voter lists of 1953, 1966 and his own name in rolls from 1970 onwards.

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4.2 First reference: FT Hojai Case No. FT/H/303/2013 culminated in an opinion dated 25.02.2015 declaring the appellant not a foreigner. The State did not challenge that decision.

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4.3 Second reference: On 09.01.2017, the appellant received notice in FT Case No. 928/2015 before FT Nagaon (Court No. 10). He filed WP(C) No. 797/2017 before the High Court and further tribunal proceedings were stayed on 14.02.2017.

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4.4 While the writ was pending, the High Court’s impugned common order

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of 19.04.2018 answered the legal question against the appellant and the stay was thereafter vacated, exposing him to a fresh determination on identical facts.

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4.5 The appellant now challenges the impugned order, contending that successive references are barred once an earlier tribunal opinion has attained finality.

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X x x

¶42

The common interim order dated 19.04.2018 is set aside in so far as it declares that successive references are maintainable against a person earlier found not to be a foreigner. FT Case No. 838 of 2015 pending before Foreigners Tribunal No. 2, Kamrup (Metro) and FT Case No. 928 of 2015 pending before Foreigners Tribunal, Nagaon, together with all consequential proceedings, stand quashed. In consequence, the notices dated 04.06.2018 (Kamrup Metro) and 09.01.2017 (Nagaon) are hereby annulled.

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In view of the quashing of the proceedings of FT Case No. 928/2015, pending before the Foreigner's Tribunal, Nagaon by the Supreme Court of India, no further order is called for in the present writ petition and accordingly, the present writ petition stands disposed of having been rendered infructuous in light of the order dated 14.05.2025, passed by the Supreme Court of India in Civil Appeal No. 6800/2025 (arising from SLP (Civil) No. 7248/2019)- Amir Uddin Mazumdar Vs The Union of India.

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Both the records of the Tribunal be returned back.

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The Registry shall transmit a downloaded copy of this order to the learned Foreigners Tribunal.

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In terms of the above observations, this writ petition stands disposed of.

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JUDGE JUDGE

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Amir Uddin Mazumder v. the Union of India and 3 Ors.

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Amir Uddin Mazumder v. the Union of India and 3 Ors.

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