ABDUS SAMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M. U. Mahmud, learned counsel for the appellant-writ petitioner on the question of admission.

(2.) The petitioner being aggrieved by the order dated 25.2.2010 passed by a learned Single Judge of this Court in WP(C) No. 5425 of 2008, Abdus Samad Vs. Union of India & Ors. whereunder the order dated 17.9.2008 passed by the learned Member, Foreigners Tribunal, Goalpara in F.T. Case No. 941(G)/2008 has been confirmed has come to this Court with a submission that not only the learned Tribunal but even the learned Single Judge failed in not appreciating that the evidence put forth by the present appellant before the learned Tribunal was sufficient to prove that his father's name was recorded in the voters' list of 1966 and that he had a Panchayat certificate in his favour. Therefore, placing reliance upon this evidence so also the oral testimony of the petitioner and his two witnesses the learned Tribunal should have held that the petitioner who is a disabled person to the extent of 80% is an Indian national.

(3.) Mr. Mahmud, learned counsel for the appellant-writ petitioner, after taking us through the order passed by the learned Tribunal, firstly, submitted that the learned Tribunal was unjustified in not relying upon the certificate issued by the Panchayat observing that the same was inadmissible in evidence. His further submission is that the father's name of the appellant has been enrolled in the voters list of 1966 and that Section 6A of the Citizenship Act provides that if the name of one of the parents is recorded in the voters list then such person has to be deemed to be an Indian national. Learned counsel for the appellant has also submitted that the learned Single Judge also committed the identical mistake and erred in not relying upon the evidence led by the present appellant.