KUDDUS ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. N Haque, learned counsel for the petitioner in WP(C)No.638/2018. Also heard Mr. D Mazumdar, learned Additional Advocate General assisted by Mr. D Nath, learned Senior Government Advocate for the State of Assam, Ms. A Verma, learned counsel for the authorities in the Home and Border Areas Department, Mr. RKD Choudhury, learned DSGI for the Ministry of Home Affairs Government of India, Mr. AI Ali, learned counsel for the Election Commission of India and Ms. U Das, learned Government Advocate for the respective Deputy Commissioners.

(2.) While hearing the learned counsel for the writ petitioner on its own merit, a probable situation had arisen that there is a possibility that on the merits of the individual writ petitions, where the writ petition is against the opinion rendered by the Foreigners' Tribunals concerned on the matters as to whether the writ petitioner is Indian citizens under the law or they are foreigners who entered the State of Assam from the specified territory on or after 25/3/1971, the petitioners may be declared to be foreigners.

(3.) As the determination of the rights and entitlements as may be applicable to a declared foreigner, vis a vis such rights and entitlements which otherwise are available to a citizen of a country, but not to a declared foreigner, may have a far reaching consequence in many such pending proceedings where a petitioner-proceedee would be required to be declared to be a foreigner, we also gave liberty to any such learned counsel who may have appeared in such pending proceedings to also make their submissions on the issue so that a more comprehensive determination can be made. In such circumstance, Mr. HRA Choudhury learned Senior Advocate, Ms. D Ghosh learned counsel and Mr. AW Aman, learned counsel who appears for the litigants in such proceedings came forward to make their respective submissions.