AJIJUR RAHMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner claiming himself to be an Indian Citizen, by birth, has filed this writ petition challenging the declaration made by the Foreigners Tribunal holding him to be an illegal Bangladeshi migrant. THE impugned declaration is vide order dated 2/5-4-2011 in FT(C) Case No. 646/2006 corresponding to IM(D)T Case No. 469/2001 (State of Assam Vs. Hazarat Ali and 2 others). Background fact :

(2.) BY memo No. III/2.b(a)/209/2001 dated 27.7.2001, the Superintendent of Police (B), Morigaon, Assam, initiated a proceeding against the petitioner along with his father and mother in the ground that they are suspected illegal migrants, who entered into India on or after the cut off date i.e. 25.3.1971. According to the petitioner, since both his parents died during the pendency of the proceeding, the same continued against him only.

(3.) THE petitioner got himself examined as OPW-1 in the proceeding before the Tribunal, in which he had stated that his parents expired about 10 to 15 years back and in support of such statement, he placed reliance on the certificates issued by the local Gaon-bhuras.