LAWS(GAU)-2020-1-57

MD. ABDUL AHAD Vs. UNION OF INDIA

Decided On January 31, 2020
Md. Abdul Ahad Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. A H Alamgir, learned counsel for the petitioner. Also heard Ms. G Hazarika, learned CGC appearing for the respondent No. 1, Mr. B Das, learned standing counsel for Election Commission appearing for the respondent No. 2, Mr. A Kalita, learned standing counsel Foreigners Tribunal appearing for the respondent Nos. 3,5 and 6 and Ms. A Verma, learned standing counsel for the NRC appearing for the respondent No. 4.

(2.) This review application is against the order dated 10.10.2018 passed in WP(C) No. 6058/2018. The order under review and the relevant portion is reproduced hereinbelow:

(3.) The learned counsel for the petitioner sought for review of the said order with a prayer for scientific DNA test for the proof of paternity for the satisfaction of the petitioner as well as the court and the Registry may be directed arranging the DNA test. The other submission on the part of the learned counsel for the petitioner that the Tribunal ought to have considered the fact that the petitioner is victim of contributory negligence and ignorance on the part of the engaged Lawyer who did not take proper steps in the Tribunal and the petitioner cannot be allowed to suffer due to the fault of his counsel. The rest of the grounds are in respect of re-appreciation of the evidence which the Tribunal had already appreciated and the aforesaid findings arrived at by this court while disposing of the writ petition. Mr. A Kalita on the other hand objected to the submission made by the counsel for the petitioner on the ground that the grounds are not within the narrow scope of the review jurisdiction and accordingly, the review petition is liable to be dismissed.