MAZIBAR MIAH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. BK Sen, learned counsel for the petitioner. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Mr. J Payeng, learned counsel for the State of Assam appearing for the Foreigners Tribunal and Border Areas, Ms. A Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

(2.) On being referred by the Superintendent of Police (Border), Kamrup, FT Case No. 615 of 2015 was registered against the petitioner.

(3.) In course of the proceeding, the petitioner desired to exhibit certain documents like draft chitha, Jamabandi, voter lists of 1966, 1970, 2013 and 2016 in order to rely upon them to discharge the burden of proof that he is not a foreigner. In course of the proceeding, petitioner files an application under Order -16 Rule 14 read with Section-151 of the CPC which was registered as Petition No. 475, dated 01.11.2018, by which a prayer was made that summons be issued to the Deputy Commissioner, Barpeta or to the Circle Officer, Barpeta or to the Lat Mandal of Kalgachia Circle to produce the original records like Draft chitha, Jamabandi, voter lists of 1966, 1970, 2013 and 2016 and to give evidence in that respect. The said application of the petitioner was rejected by the Tribunal by the order dated 03.01.2019.