Disposed¶28

Mohiruddin @ Mohur Uddin @ Mohir Uddin Sheikh v. the Union of India and 10 Ors.

Gauhati HC5 May 2026WP(C)/7889/2019

Case brief

AI extract

What is this about?

Keywords: Foreigners Tribunal No. 7 Dhubri Bilasipara; FT Case No. 28/BBR/15; declared foreigner post-25.03.1971 stream; NRC Assam; writ petition closed; petitioner deceased 22.08.2021; challenge academic; death certificate; FT declaration specific to proceedee, not grounds for family members; reliance on Sudhir Kr. Roy v. Union of India WP(C)/6790/2018 (decided 04.01.2019); records transmitted back to Foreigners Tribunal; Gauhati High Court WP(C)/7889/2019; judges Sanjay Kumar Medhi and Shamima Jahan.

What did the court decide?

The court closed the instant writ petition, the challenge to the Foreigners' Tribunal opinion having been rendered merely academic in view of the petitioner's death on 22.08.2021. ¶28

Mohiruddin @ Mohur Uddin @ Mohir Uddin Sheikh Vs the Union of India and 10 Ors. — Gauhati HC (2026) — LawSathi Research

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GAHC010247062019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/7889/2019

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MOHIRUDDIN @ MOHUR UDDIN @ MOHIR UDDIN SHEIKH S/O- LATE RAHMAN ALI MISTRI @ RAKMAN MISTRI @ RAHMAN MISTRI, R/O.-VILL- JHELTURCHAR PT-II, P.O. KAZAIKATA, P.S.- BILASIPARA, DISTDHUBRI, ASSAM, PIN- 783348.

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VERSUS

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THE UNION OF INDIA AND 10 ORS. REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-01.

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2:THE CHIEF ELECTION COMMISSIONER OF INDIA NEW DELHI-01.

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3:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GHY-06.

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4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GHY-06.

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5:THE STATE CO-ORDINATOR NRC ASSAM BHANGAGARH GUWAHATI-05.

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6:THE DIRECTOR GENERAL OF POLICE ASSAM

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ULUBARI GUWAHATI-05. 7:THE SUPERINTENDENT OF POLICE (B) DHUBRI DIST- DHUBRI ASSAM. PIN- 783301. 8:THE DEPUTY COMMISSIONER DHUBRI DIST- DHUBRI ASSAM. PIN- 783301. 9:THE OFFICER-IN-CHARGE BAGRIBARI POLICE STATION DIST- DHUBRI ASSAM. PIN- 783349. 10:THE OFFICER-IN-CHARGE BILASIPARA POLICE STATION DIST- DHUBRI ASSAM. PIN- 783348. 11:THE ELECTORAL REGISTRATION OFFICER 26TH BILASIPARA WEST LAC DIST- DHUBRI ASSAM PIN- 783348

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Advocate for the Petitioner : MR. M HUSSAIN, MD. A. RASHID

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Advocate for the Respondent : ASSTT.S.G.I., SC, ECI,SC, F.T,SC, NRC

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BEFORE

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HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

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ORDER

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06.05.2026

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( Shamima Jahan , J.)

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Heard Shri M. Hussain, learned counsel for the petitioner. Also heard Shri G. Sarma, learned Standing Counsel, NRC and FT matters as well as Shri N.

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Kalita, learned counsel appearing on behalf of Shri AI Ali, learned Standing Counsel, ECI and Shri P. Sarma, learned State Counsel.

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The instant writ petition has been filed challenging the opinion dated 28.10.2015 passed by the learned Member, Foreigners' Tribunal No. 7^th , Dhubri at Bilasipara in FT Case No. 28/BBR/15whereby the petitioner wasdeclared to be a foreigner post 25.03.1971 stream.

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The learned counsel for the petitioner has submitted that the petitioner had expired on 22.08.2021 and a death certificate has been produced when the matter is taken up today. In view of the same, 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.

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In view of the above, the instant writ petition is closed.

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The records handed over by the learned Standing Counsel, FT, may be transmitted to the concerned Foreigners Tribunal.

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JUDGE JUDGE

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Comparing Assistant

Mohiruddin @ Mohur Uddin @ Mohir Uddin Sheikh v. the Union of India and 10 Ors.

Case brief

What is this about?

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Mohiruddin @ Mohur Uddin @ Mohir Uddin Sheikh v. the Union of India and 10 Ors.

Case brief

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What the court decided

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