GUWAHATI, India, March 1 -- Gauhati High Court issued the following order on Jan. 29:

1. Heard Mr. M. U. Ahmad, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned CGC; Ms. S. Katakey, learned Standing counsel for the ECI; Mr. G. Sarma, learned Standing counsel for the FT and Border matters and Mr. P. Sarmah, learned Addl. Sr. Govt. Advocate, Assam.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Arab Ali has assailed the impugned opinion dated 19.05.1990 passed by the learned Foreigners' Tribunal, Nagaon in IMDT Case No.436/1988, whereby Musstt. Haibaton Nessa and others, which includes the petitioner were declared as illegal immigrants under the IMDT Act, 1983.

3. It is the case of the petitioner that he is the son of Musstt. Haibaton Nessa and resident of village Dighaliati, PS.-Raha, District-Nagaon, Assam. It is stated that the petitioner was arrested in the year, 2019 in connection with IMDT Case No. 436/1988 which was registered without the knowledge of the petitioner as well as his family members. It is also stated that neither the petitioner nor any of his family members were aware about any notice issued to them by the Illegal Migrants (Determination) Tribunal (for short, 'IMDT'), Nagaon to appear before the IMDT, Nagaon on 21.09.1988.

4. It is the case of the petitioner that though a notice seems to have been issued by the learned IMDT, Nagaon in the name of his mother and other family members including him, the same was, in fact, not received by any of them. It is stated that though a notice was shown to have been received by his mother, Musstt. Haibaton Nessa by putting her Left Thumb Impression (for short, 'LTI'), the same was not known to any of his family members. It is stated that the petitioner was arrested in the year, 2019 and he had been detained in the Tezpur Central Jail for more than 5 (five) years. Thereafter, he was released in the year, 2023 from the jail due to the order passed by the Hon'ble Apex Court since he had already spent more than 3 (three) years in the detention centre during COVID-19 Pandemic. After his release in the year, 2023, he had to go through certain medical treatments and since he was suffering from financial hardship, he could not immediately approach this Court. It was also stated that after one year of consulting with some Advocates, he has decided to contest the case and therefore, approached this Court by filing the instant writ petition. Therefore, it is the case of the petitioner that there was no intentional delay in filing the instant writ petition and the delay so caused, if any, was due to lack of knowledge of the petitioner.

5. Since the impugned opinion was rendered by the IMDT, Nagaon, ex parte, this Court on an agreement of the counsel appearing for the parties, has decided to dispose of the matter at the motion stage itself without issuing any notice as the contesting parties are being duly represented by the respective engaged counsel.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x2j5Ic0vvmDfRWVlKKTdsbFH47hapGzTkBdkkT%2FfUc89&caseno=WP(C)/15/2026&cCode=1&cino=GAHC010273632025&state_code=6&appFlag=)

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