AMIR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. IA Talukdar, learned counsel for the petitioner. Also heard Ms. B Sarma, learned CGC appearing on behalf of respondents in the Union of India, Mr. G Sarma learned counsel for the State respondents in the Home Department of Government of Assam, Ms. L Devi, learned counsel for the respondents in the NRC, Mr. T Pegu, learned counsel for the Election Commission of India and Ms. K Phukan, learned counsel for the Deputy Commissioner, Morigaon.

(2.) The petitioner Md. Amir Ali @ Amir Uddin had been referred to the Foreigners Tribunal, No. 4, Morigaon for rendering an opinion as to whether he is a person who entered the State of Assam from the specified territory on or after 25/3/1971 resulting in registration of FT Case No. 190/2016, wherein an opinion dtd. 27/5/2022 was given that the petitioner is a foreigner. Being aggrieved, this writ petition is instituted.

(3.) In the writ proceeding, the petitioner refers to an earlier opinion dtd. 24/2/2016 of the Foreigners Tribunal No. 4, Morigaon in FT.M4th/02(J)/2015/17, wherein he was declared to be an Indian citizen. Accordingly the petitioner claims that by operation of the principles of res-judicata, the subsequent opinion dtd. 27/5/2022 would be unsustainable in law.