GAUHATI HIGH COURT ISSUES ORDER ON MOMOR ALI ALIAS MUMUR ALI V/S THE UNION OF INDIA AND 6 ORS

GUWAHATI, India, Nov. 18 -- Gauhati High Court issued the following order on Oct. 17:

1. Heard Mr. S. U. Ahmed, learned counsel for the petitioner. Also heard Mr. M. R. Adhikari, learned C.G.C; Mr. P. Sarma, Additional Senior Government Advocate; Mr. G. Sarma, learned Standing Counsel, F.T. matters and NRC; Mr. H. Kuli, learned counsel, appearing on behalf of Mr. A.I. Ali, learned Standing counsel, ECI, appearing for the Respondent.

2. The present writ petition has been instituted assailing the order dated 18.03.2025, passed by the learned Foreigners Tribunal, Jorhat, Assam, in F.T. case no. FTG.999/2011, declaring the petitioner, herein, to be a foreigner of post 25.03.1971 period.

3. The learned counsel for the petitioner at the outset had submitted that the said opinion was rendered by the learned Foreigner Tribunal by holding that the notice issued by it was duly served upon the petitioner under the provision of Section 3(5)(g) of the Foreigners(Tribunals) Order 1964. He submits that the petitioner had not received any notice in the matter from the Foreigners Tribunal, preventing him from appearing before it.

4. The learned counsel for the petitioner has further submitted that in pursuance to the ex parte order opinion dated 18.03.2025, the petitioner was placed under detention on 25.05.2025 and continues to be under detention as on date.

5. Mr. G. Sarma, learned Standing Counsel, F. T, appearing for the State Respondents has submitted that an opinion having been rendered by the learned Tribunal, the same has to be maintained, inasmuch as, the petitioner has not even in the present proceedings demonstrated that he was an Indian citizen and the reference as made against him was erroneous.

6. We have heard the learned counsel for the parties and also perused the materials available on record.

7. On a perusal of the opinion dated 18.03.2025, it reveals that the notices issued upon the petitioner by the Foreigners Tribunal was not served, inasmuch as, the petitioner was found to have left his place of residence for unknown destination. It is seen that the notice was pasted, by the process server, on the wall of the Gaon Panchayat office in the presence of Gaon Pradhan.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x6tfQr1TKDqj%2F7cMlnCNWezoChmcJLW3GnRs3sGSIGCc&caseno=WP(C)/5976/2025&cCode=1&cino=GAHC010225242025&state_code=6&appFlag=)

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