The Gauhati High Court in the case of Md Maynul @ Moinul Hoque @ Md. Moinul v/s The Union of India and 6 Ors. set aside Foreigners’ Tribunal order declaring a person as a foreigner after declaring him Indian Citizen Earlier.
The petition has been filed by the petitioner, namely, Moinul Hoque on being aggrieved by the impugned ex parte order passed by the Foreigners Tribunal, declaring the petitioner to be a foreigner of post 1971 stream.
Advocate MR. A. Paul contended that earlier in another proceeding the Foreigners Tribunal had held that the petitioner, namely, Moinul Hoque had been able to discharge his onus to prove that he is not a foreigner but an Indian. Accordingly, the reference was answered in negative against the State and in favour of the petitioner. However, the Foreigners Tribunal, Assam in the subsequent proceeding took a view that the proceeds neither submitted his representation nor adduced his evidence in support of his claim that he is an Indian Citizen and accordingly, failed to prove that he is an Indian citizen.
The division bench of Justice N. Kotiswar Singh and Justice Malasri Nandi
The court directed the Foreigners Tribunal, Sonitpur to decide first as to whether the petitioner is the same person who was preceded in the previous case or not, for which the petitioner shall appear before the Foreigners Tribunal to enable the Tribunal to examine that he is the same person who was preceded in the said case.
The court added that since the nationality of the petitioner is already under cloud, he will remain on bail on furnishing a bail bond with one local surety of the like amount to the satisfaction of the Superintendent of Police, Sonitpur during the pendency of the proceeding before the Tribunal.