MD. SUJAB ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is preferred by the petitioner-Sujab Ali, being aggrieved by the Order dated 27.02.2020 passed by F.T Kamrup (M) 2nd Guwahati-3 in F.T. Case No. 1638/2015, by which, on a reference being made that he entered Assam, illegally without any valid travel documents after 24th of March, 1971, was answered in the affirmative in favour of the State and against the petitioner by declaring him to be a Foreigner of post 25.03.1971 from Bangladesh and ordered for his detention, deportation and deletion of his name from all voters lists.

(2.) Heard learned Counsel for the parties and perused the records of the Tribunal.

(3.) The petitioner's case before the Tribunal is that he is a citizen of India, having been born on 11.01.1992 in the district of Dhubri in the village South Salmara, Part-1 and he was educated in the Teltari Noeagaon L.P. School, village- Teltari, Noeagaon, P.S. South Salmara, District-Dhubri, Assam. In the written statement filed before the Tribunal the petitioner projected one Abdul Majid @ Abdul Majid Sheikh to be his grandfather and Nosiman Nessa to be his grandmother. His great grandfather was Kasimuddin and his great grandmother was Goroman Nessa. The petitioner claims that Sayed Ali was his father and Toyer Bhanu Nessa @ Toyer Bhanu Nessa Bibi, his mother. The petitioner stated in his Written Statement that his father was born on 01.01.1958 in village-Isshav Dewangirpara and started living with his parents there but due to river erosion his father and his relatives shifted to another place namely, Natinir Alaga Part-II and later got married to Toyer Bhanu Nessa @ Toyer Bhanu Nessa Bibi and three children were born to them namely, Tozamul Hoque @ Tojammel Hoque, Mojammel Hoque and the writ petitioner namely, Sujab Ali.