ABDUL KADER ALI @ ABDUL KADER @ KADER ALI v. THE UNION OF INDIA AND 5 ORS.
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE SUMAN SHYAM
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-14. ABDUL KADER ALI @ ABDUL KADER @ KADER ALI v. THE UNION OF INDIA AND 5 ORS. Read the judgment and case details...
Judgment text
Page No. # 1/3 GAHC010130902020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3937/2020 ABDUL KADER ALI @ ABDUL KADER @ KADER ALI S/O LATE ABBAS ALI @ ABBAS ALI SK. , VILL-NAYAYANGURI, P. S. - GOBARDHANA, DIST-BAKSA, BTAD, ASSAM VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-1 2:THE ELECTION COMMISSION OF INDIA REPRESENTED BY ITS SECRETARY NIRVACHAN BHAWAN NEW DELHI-1 3:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06 4:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GUWAHATI-05 5:THE DEPUTY COMMISSIONER BAKSA CUM THE ELECTION OFFICER BAKSA BTAD Page No. # 2/3 ASSAM P. O. P. S. AND DIST-BAKSA BTAD ASSAM PIN-781343 6:THE SUPERINTENDENT OF POLICE (BORDER) BAKSA BTAD ASSAM P. O. P. S.
AND DIST-BAKSA BTAD ASSAM PIN-78134 Advocate for the Petitioner : MR S HOQUE Advocate for the Respondent : ASSTT. S. G. I. BEFORE HON’BLE MR. JUSTICE SUMAN SHYAM 14. 12. 2020 Heard Mr. S Hoque, learned counsel appearing for the petitioner. The writ petitioner has approached this Court by filing the present petition being aggrieved by inclusion of his name in the electoral roll in the category of ‘D’ Voters. Mr. A Ali, learned Standing Counsel, ECI, appearing for the respondent No. 2 submits on instructions that no reference case is pending against the petitioner before the Foreigners Tribunal. Mr. KK Parasar, learned CGC, appears for respondent Nos. 1 and 4 whereas Ms. M Bhattacharjee, learned Govt. Advocate, Assam appears for respondent Nos. 3, 5 and 6. There is no dispute about the fact that any doubt cast on the citizenship of an individual can be cleared only by obtaining an opinion from the Foreigners Tribunal if a reference is made to that effect by the concerned authority.
However, delay in obtaining such opinion Page No. # 3/3 might have serious adverse impact thereby causing prejudice to the interest of the individual concerned. There is consensus at the Bar that the matter should be referred to the Foreigners Tribunal without any further delay. In view of the above and considering the facts and circumstances of the case, I dispose of the writ petition at the stage of motion hearing by providing that the respondent No. 6 shall take necessary steps for sending a reference to the jurisdictional Foreigners Tribunal pertaining to the citizenship claim of the writ petitioner, by following the due procedure prescribed by law. The direction of this Court be complied with as expeditiously as possible, but not later than 4 (four) weeks from the date of receipt of a certified copy of this order. The writ petition stands disposed of. JUDGE Comparing Assistant
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