JAMIRUDDIN MOLLAH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. S.K. Medhi, learned CGC; Ms. S. Katakey, learned standing counsel for the Election Commission of India; Mr. J. Payeng, learned standing counsel for FT, Border matters and NRC; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Jamiruddin Mollah, has assailed the order dtd. 20/6/2025, passed by the learned Member, Foreigners Tribunal 7th, Barpeta, in F.T. Case No. 36/2019, thereby rejecting the prayer made by the petitioner vide petition no. 480 dtd. 20/6/2025, for quashing and/or dropping the proceeding against the petitioner on the ground of being barred by principles of res judicata, in view of opinion dtd. 30/9/2016, passed by the said learned Tribunal in F.T.(7th Tribunal) Case No. 127/2016 - Union of India v. Jamiruddin Mulla.

(3.) The learned counsel for the petitioner has submitted that the petitioner has suffered a similar proceeding previously, for which he has extensively referred to the said opinion dtd. 20/6/2025, passed by the same very Tribunal in F.T. Case No. 36/2019. It has been submitted that all the particulars of the petitioner can easily be verified by the learned Tribunal from the records of the said two proceeding and therefore. It has been submitted that the principles of res judicata applies in the proceedings before the Foreigners Tribunals. To supplement his submissions, the learned counsel for the petitioner has cited the following cases, viz. (i) Tarabanu Begum Vs. Union of India and Ors.,2025 (4) GLT (SC) 36 (para 5,6,7 and 9), (ii) Swapan Dutta Vs. Union of India and Ors.,Civil Appeal No. 6799/2025,decided by the Supreme Court of India on 14/5/2025; (iii) Rejia Khatun @ Rezia Khatun Vs. Union of India and Ors.,Civil Appeal No. (not provided in copy supplied)/2025 [arising out of SLP (Criminal) No. 12481/2023, decided by the Supreme Court of India on 11/2/2025; (iv) Sital Mandal and Ors. Vs. Union of India and Ors. 2022 (3) GLT 94, (v) Abdul Kuddus Vs. Union of India and Ors.2019 (4) GLT (SC) 7:(2019) 6 SCC 604 .