FARIZ Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Sarma, learned counsel appearing for the petitioner and Ms. G. Hazarika, learned standing counsel, NRC, Ms. B. Das, learned standing counsel, Election Commission, Mr. A. Kalita, learned standing counsel, Foreigners' Tribunal appearing for the respondents.

(2.) By way of this writ petition, the petitioner has assailed the opinion dated 17-01-2009 passed in F.T. Case No. 23 /2016 corresponding to R/Case No. 10787/98, rendered by the Member, Foreigners' Tribunal No. 6, Barpeta, declaring the petitioner to be foreigner/ illegal migrant who had entered Assam on or after 25-03-1971 and thereby answering the reference in affirmative. The opinion was rendered upon the reference being IM(D)T No. 10787/98 forwarded by the Superintendent of Police, Border, Barpeta.

(3.) To discharge the burden as required under section 9 of the Foreigners' Act 1946 to prove that the petitioner is not a foreigner, the petitioner projected Janik @Janik Ali @Janir Uddin as his father and Basiran Nessa as his mother. The petitioner contested the case upon receipt of the Notice by appearing before the Tribunal and filing the written statement denying the allegations that he is an illegal migrant in terms of Foreigners' Act 1946 and the Foreigners' (Tribunal) order 1964. To substantiate his claim the petitioner exhibited the following documents: