Gauhati HC Orders Release Of Ex-Army Man Who Was Detained After Being Declared 'Foreigner'
5 years, 9 months ago

Gauhati HC Orders Release Of Ex-Army Man Who Was Detained After Being Declared 'Foreigner'

Live Law  

The Gauhati High Court today directed the interim release of ex-army man Mohammad Sanaullah, who was arrested and sent to detention centre on May 28, after a Foreigners Tribunal in Assam adjudged him a 'foreigner'.Mohammad Sanaullah, a 52 year old man who retired from the Army in 2017 as Honorary Lieutenant, had approached the Court against the order of Foreigners Tribunal, Boko, which had. The Gauhati High Court today directed the interim release of ex-army man Mohammad Sanaullah, who was arrested and sent to detention centre on May 28, after a Foreigners Tribunal in Assam adjudged him a 'foreigner'. The proceedings against Sanaullah were initiated in September 2018, based on a report filed by the Assam Border Police in 2008 which stated that he was an "illegal migrant". Inquiry report a farce The inquiry report filed by the Border Police in the Tribunal in 2008 stated that Sanaullah was 50 years old and his profession was "labour".

Court Assam Border Indian Foreigners Man Tribunal Report Release Cji Petition Foreigner Detention Centre Nrc Boko Detention Centres Mander Hc Orders Sanaullah Gauhati Hc Border Police Foreigners Tribunal Honorary Lieutenant Sanuallah Gauhati Hc Orders Mohammad Sanaullah  foreigner  declared  tribunal  foreigners  assam  court  detained  border  exarmy  report  sanaullah  nrc  release  petition  gauhati  hc  orders  man

History of this topic

Gauhati HC Denies Migrant's Plea For Extension Of Time To Register Under Citizenship Act, Cites SC Ruling Upholding Validity Of S.6A
2 months, 3 weeks ago

Gauhati HC Denies Migrant's Plea For Extension Of Time To Register Under Citizenship Act, Cites SC Ruling Upholding Validity Of S.6A

Live Law  

The Gauhati High Court on Thursday dismissed a writ petition filed by a woman praying for a direction to extend the time limit for registering with FRRO, on the ground that the Court is bound by the decision of the Supreme Court of India in the case of Re: Section 6A of the Citizenship Act, 1955, would not have power …

‘Muslim Population Has Increased In Assam, This Abrupt Growth Has Come From Other Side’: Centre To Gauhati High Court In Declared Foreigners' Case
1 year, 11 months ago

‘Muslim Population Has Increased In Assam, This Abrupt Growth Has Come From Other Side’: Centre To Gauhati High Court In Declared Foreigners' Case

Live Law  

The Gauhati High Court is hearing a significant matter in which it is examining the rights available to a declared foreigner or illegal migrant in India before their deportation.In the last hearing held on April 28 before the division bench of Justice A.M. Bujor Barua and Justice Robin Phukan, the Deputy Solicitor General R.K.D. The Gauhati High Court is hearing …

Gauhati High Court Quashes Order Declaring 52-Yr-Old Woman A Foreigner After Citizen-Father's Testimony Remains Uncontroverted
2 years ago

Gauhati High Court Quashes Order Declaring 52-Yr-Old Woman A Foreigner After Citizen-Father's Testimony Remains Uncontroverted

Live Law  

The Gauhati High Court recently quashed and set aside order of Foreigners Tribunal which declared a citizen of India as foreign citizen, on the ground that verification report of the authorities was incomplete and evidence of the father of the petitioner, who deposed that the petitioner is his daughter, remained uncontroverted. While setting aside the order of the Tribunal, the …

Gauhati High Court fines electoral officer for questioning citizenship of retired Gurkha soldier
2 years, 1 month ago

Gauhati High Court fines electoral officer for questioning citizenship of retired Gurkha soldier

The Hindu  

The Gauhati High Court has imposed a fine of ₹10,000 on an electoral registration officer of Assam’s Dispur Assembly constituency for referring a retired Gurkha soldier to the Foreigners’ Tribunal. “If… there is no material that subsequent to his birth, he migrated to the specified territory and thereafter re-entered the State of Assam subsequent to 25th March 1971, we are …

Gauhati HC nixes NIA court order, allows agency to frame charges against Gogoi for anti-CAA stir
2 years, 1 month ago

Gauhati HC nixes NIA court order, allows agency to frame charges against Gogoi for anti-CAA stir

The Hindu  

The Gauhati High Court on Thursday allowed the National Investigation Agency to frame charges against Independent MLA Akhil Gogoi and three of his associates in connection with anti-CAA protests and suspected Maoist links. Hearing a petition by the probe agency challenging the order of a Special NIA Court giving clean chit to the four, a division Bench comprising Justices Suman …

Gauhati HC asks Assam Govt. to file detailed affidavit on police encounters
3 years, 2 months ago

Gauhati HC asks Assam Govt. to file detailed affidavit on police encounters

The Hindu  

The Gauhati High Court on Tuesday asked the Assam government to file a detailed affidavit on the police encounters that have been taking place since BJP returned to power in the state in May 2021. Hearing a public interest litigation filed by advocate Arif Md Yeasin Jwadder, a High Court Bench comprising Chief Justice Sudhanshu Dhulia and Justice Soumitra Saikia …

'Not Properly Served Notice':Gauhati High Court Sets Aisde Ex-Parte Foreigners' Tribunal's Order Declaring Man As Foreigner
3 years, 3 months ago

'Not Properly Served Notice':Gauhati High Court Sets Aisde Ex-Parte Foreigners' Tribunal's Order Declaring Man As Foreigner

Live Law  

The Gauhati High Court has recently set aside an ex-parte order by a foreigners' tribunal declaring a Silchar resident as a foreigner after noting that the tribunal had failed to properly serve notice thus rendering the proceedings illegal. A Bench comprising Justices Kotiswar Singh and Malashri Nandi observed, "We have found that the petitioner was not properly served notice before. …

Citizenship Is An Essential Right: Gauhati High Court Sets Aside Ex-Parte Order Declaring Man As Foreigner
3 years, 6 months ago

Citizenship Is An Essential Right: Gauhati High Court Sets Aside Ex-Parte Order Declaring Man As Foreigner

Live Law  

The Gauhati High Court has observed that citizenship, being an essential right of a person, ordinarily, should be decided based on merit by considering the material evidence that may be adduced by the person concerned and not by way of default.A Division Bench of Justices Manish Choudhary and N. Kotiswar Singh set aside an ex-parte order of the Foreigner's Tribunal, …

Foreigners' Detention Centre: Gauhati High Court Grants 45 Days To Assam Govt For Completing Construction, Shifting Detenues
3 years, 7 months ago

Foreigners' Detention Centre: Gauhati High Court Grants 45 Days To Assam Govt For Completing Construction, Shifting Detenues

Live Law  

In a petition concerning detention of foreign illegal migrants, the Gauhati High Court recently granted 45 days' time to the Assam Government for completing the construction of a detention centre at Matia, Goalpara and shifting of detenues to the same thereafter.Justice Kalyan Rai Surana also directed the Secretary of Assam Government, Home and Political Department to file an updated. In …

"Citizenship Being An Important Right Should Be Decided On Merits Rather Than By Default": Gauhati HC Sets Aside Ex Parte Order Declaring Woman As Foreigner
3 years, 8 months ago

"Citizenship Being An Important Right Should Be Decided On Merits Rather Than By Default": Gauhati HC Sets Aside Ex Parte Order Declaring Woman As Foreigner

Live Law  

Observing that citizenship is an important right and should be decided on merits rather than by default, the Gauhati High Court has set aside an ex parte order passed by a Foreigners Tribunal declaring a woman as foreigner after she was unable to appear before the Tribunal for the reason of not getting proper legal advice.A division bench comprising of …

Foreigners' Tribunal Can't Suo Moto Assume Jurisdiction To Give An Opinion Which Is Not Sought While Answering Reference: Gauhati High Court
3 years, 8 months ago

Foreigners' Tribunal Can't Suo Moto Assume Jurisdiction To Give An Opinion Which Is Not Sought While Answering Reference: Gauhati High Court

Live Law  

The Gauhati High Court has ruled that the Foreigners Tribunal cannot suo moto assume the jurisdiction to give an opinion which is not sought while answering reference made to it regarding entry of a person, suspected to be a foreigner, into Assam.A division bench comprising of Justice N Kotiswar Singh and Justice Soumitra Saikia was dealing with a petition challenging …

Status Of Internally Displaced Persons, Responsibility Of Centre, State Govt: Gauhati High Court Seeks Response On Larger Issues
3 years, 10 months ago

Status Of Internally Displaced Persons, Responsibility Of Centre, State Govt: Gauhati High Court Seeks Response On Larger Issues

Live Law  

The Gauhati High Court on Tuesday sought response of the Centre as well as the State Government on the larger issues concerning the status of internally displaced persons and the responsibility of the Central and the State Government towards such persons.The development came while the division bench comprising of Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak was dealing …

How Ineligible Persons Were Included in NRC? Gauhati HC Asks Coordinator to File Affidavit in 3 Weeks
4 years, 5 months ago

How Ineligible Persons Were Included in NRC? Gauhati HC Asks Coordinator to File Affidavit in 3 Weeks

News 18  

Gauhati High Court has directed the NRC state coordinator to file a comprehensive affidavit explaining how a section of ineligible persons managed to include their names in the National Register of Citizens. Hearing a writ petition by Rahima Begam against a Nalbari district Foreigners' Tribunal order declaring her a foreigner, the HC Bench comprising Justices Manojit Bhuyan and Soumitra Saikia …

Gauhati High Court Asks Assam to Set Up Detention Centres Outside Jails for 'Foreigners'
4 years, 5 months ago

Gauhati High Court Asks Assam to Set Up Detention Centres Outside Jails for 'Foreigners'

News 18  

The Gauhati High Court has asked the Assam government to set up six detention centres outside the jails for housing “declared foreigners”, an official said on Saturday. An official of the Border Wing unit of the Assam Police said on Saturday that Gauhati High Court judge Justice Achintya Malla Bujor Barua, after hearing multiple petitions, asked the state government earlier …

Gauhati High Court gives Assam police seven-day deadline for releasing ‘declared foreigners’ on bail
4 years, 11 months ago

Gauhati High Court gives Assam police seven-day deadline for releasing ‘declared foreigners’ on bail

The Hindu  

The Gauhati High Court has given the border wing of the Assam police seven days to comply with its April 15 order to release on bail ‘declared foreigners’ who have completed two years in detention camps. The court, hearing a petition on Wednesday with reference to the Supreme Court’s April 13 order for releasing the DFs in view of the …

Gauhati HC cites SC verdict to explain difference between courts, tribunals; says rules of evidence not applicable in Foreigners' Tribunal for proving citizenship
5 years ago

Gauhati HC cites SC verdict to explain difference between courts, tribunals; says rules of evidence not applicable in Foreigners' Tribunal for proving citizenship

Firstpost  

The Gauhati High Court has observed that strict rules of evidence are not applicable in Foreigners’ Tribunal for proving citizenship. In the high court, the division bench comprising Justice Manojit Bhuyan and Justice Parthivjyoti Saikia held that the observation of the Tribunal pertaining voters’ lists was ‘perverse’. The high court referred to the differences between tribunals and courts explained by …

Gauhati HC Sets Aside Ex Parte Order Of Foreigners Tribunal Declaring A Person As Foreigner [Read Order]
5 years, 1 month ago

Gauhati HC Sets Aside Ex Parte Order Of Foreigners Tribunal Declaring A Person As Foreigner [Read Order]

Live Law  

Noticing that a Foreigner Tribunal had declared a person as 'foreigner' without serving noticing on him, the Guahati High Court intervened to set aside that order.This happened in the case Sahinur Islam vs Union of India, which was a writ petition filed against the ex parte order passed by Foreigners Tribunal, Jorhat on April 6, 2010.The petitioner, Sahinur Islam, submitted …

Gauhati HC Sets Aside Foreigners Tribunal Order Declaring Son Of Indian Citizens As Foreigner [Read Judgment]
5 years, 1 month ago

Gauhati HC Sets Aside Foreigners Tribunal Order Declaring Son Of Indian Citizens As Foreigner [Read Judgment]

Live Law  

The Guahati High Court has come down on a Foreigners Tribunal for declaring a person as foreigner, despite his parents being declared as Indian Citizens by other orders.On January 25, 2019, Foreigners Tribunal at Dhemaji in Assam declared 26-year old Pratap Sakharu as foreigner of post-1971 stream as per the Assam Accord.He had produced six documents before the Tribunal, including …

Citizenship- Absence Of Petitioner After Filing Written Statement Not A Ground To Pass Order Against Him Without Considering The Materials On Record: Gauhati HC
5 years, 3 months ago

Citizenship- Absence Of Petitioner After Filing Written Statement Not A Ground To Pass Order Against Him Without Considering The Materials On Record: Gauhati HC

Live Law  

A Bench comprising of Justices Suman Shyam and Parthivjyoti Saikia of the Guwahati High Court delivered a judgement stating that the mere fact that the proceedee has remained absent after filing written statement and documents cannot be a justification for the Tribunal to give an opinion against the proceedee without considering the materials brought on record. However, even if a …

Detention Even Before Order Of Tribunal Declaring Her As Foreigner: Gauhati HC Orders Release Of Woman [Read Order]
5 years, 3 months ago

Detention Even Before Order Of Tribunal Declaring Her As Foreigner: Gauhati HC Orders Release Of Woman [Read Order]

Live Law  

A Bench comprising of Justices Suman Shyam and Parthivjyoti Saikia of the Guwahati High Court on 17.12.2019 directing the Superintendent of Police, Sivasagar to release a woman from the Detention Centre at Jorhat on the account that she was taken into custody even before being declared as a foreigner.Order dated 08.03.2019 had been passed by the Foreigners' Tribunal whereby. A …

Gauhati HC Sets Aside Foreigners' Tribunal's Ex-Parte Order Declaring A BSF Official & Wife 'Foreigners' [Read Order]
5 years, 6 months ago

Gauhati HC Sets Aside Foreigners' Tribunal's Ex-Parte Order Declaring A BSF Official & Wife 'Foreigners' [Read Order]

Live Law  

The Gauhati High Court has set aside Foreigners Tribunal's Ex-Parte Order which declared a Border Security Force Official and his wife foreigners.Muzibur Rahman, an Assistant Sub Inspector with the BSF who is posted in Punjab at present, and his wife, were declared 'foreigners' by the Tribunal. The Gauhati High Court has set aside Foreigners Tribunal's Ex-Parte Order which declared a …

Assam NRC final list released: Those excluded from citizenship list can approach Foreigners Tribunals, Gauhati High Court, Supreme Court
5 years, 7 months ago

Assam NRC final list released: Those excluded from citizenship list can approach Foreigners Tribunals, Gauhati High Court, Supreme Court

Firstpost  

The people excluded from the final Assam NRC list can even approach the Gauhati High Court or even the Supreme Court in case they are unsatisfied with the response of the Foreigners Tribunal. Those excluded from the final NRC list can even approach the Gauhati High Court or even the Supreme Court in case they are unsatisfied with the response …

Gauhati HC Rejects Citizenship Claim Of Man Who Claimed To Have Entered India In 1965 [Read Judgment]
5 years, 9 months ago

Gauhati HC Rejects Citizenship Claim Of Man Who Claimed To Have Entered India In 1965 [Read Judgment]

Live Law  

The Gauhati High Court has affirmed the findings of a Foreigner's Tribunal in Assam against a man who claimed to have entered India in 1965.Last September, the Tribunal in Barpeta had declared one Anil Barman to be a foreigner on the ground that he could not prove his presence in Assam before 1971.In the petition filed in the High Court …

Kargil war veteran who was declared foreigner gets bail
5 years, 9 months ago

Kargil war veteran who was declared foreigner gets bail

The Hindu  

The Gauhati High Court on Friday granted interim bail to ex-serviceman Mohammed Sanaullah, who was sent to a detention camp after a tribunal declared him a foreigner on May 23. After hearing the argument, a Division Bench of Justices Manojit Bhuyan and Prasanta Kumar Deka ordered the release of the 52-year-old former Junior Commissioned Officer on his furnishing a bail …

Kargil war veteran declared foreigner: Assam Police discharge ex-soldier Sanaullah from service
5 years, 10 months ago

Kargil war veteran declared foreigner: Assam Police discharge ex-soldier Sanaullah from service

The Hindu  

Mohammad Sanaullah, the retired Army Junior Commissioned Officer who was declared a foreigner by a Foreigners Tribunal in Assam’s Kamrup district on May 23 and sent to a detention camp in Goalpara, has been discharged by the Assam Police from service. On May 29, the office of the Special Director General of Police issued an order in reference to Mr. …

Ex-Army Man, Who Was Detained After Being Declared A 'Foreigner' By Assam Tribunal, Moves Guahati HC For Release
5 years, 10 months ago

Ex-Army Man, Who Was Detained After Being Declared A 'Foreigner' By Assam Tribunal, Moves Guahati HC For Release

Live Law  

The shocking order of a Foreigners Tribunal in Assam, which declared a man who had served the Indian army for 30 years a 'Foreigner', has been challenged in the Gauhati High Court.Mohammad Sanaullah, a 52 year old man who retired from the Army in 2017 as Honorary Lieutenant, was arrested and sent to a detention centre on May 28, five …

Kargil war veteran declared foreigner: Can’t interfere, says Army
5 years, 10 months ago

Kargil war veteran declared foreigner: Can’t interfere, says Army

The Hindu  

The Army has said it has a “big heart” for Mohammed Sanaullah, a retired junior commissioned officer sent to a detention camp after being declared a foreigner, but can’t do much to help him at this point of time. Mr. Sanaullah, a Subedar who retired as an Honorary Captain in August 2017, was sent to a detention centre for foreigners …

Kargil war veteran declared foreigner, sent to detention camp in Assam
5 years, 10 months ago

Kargil war veteran declared foreigner, sent to detention camp in Assam

India TV News  

A former army officer and Kargil war veteran was apprehended on Wednesday and sent to a detention camp in Assam after he was declared a 'foreigner'. Fifty-two-year old Mohammed Sanaullah, who had fought the Kargil war, was arrested by the Assam Border Police in Guwahati on Tuesday and taken to the detention centre for illegal immigrants in Goalpara. The family …

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