BABLU PAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. F.U. Borbhuiya, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned Assistant Solicitor General of India, for respondent No.1; Mr. J. Payeng, learned special counsel, FT, appearing for respondent Nos.2, 4 and 5 and Ms. U. Das, learned Additional Senior Government Advocate, Assam, appearing for respondent No.3.

(2.) In this petition, the petitioner has challenged the order dtd. 8/5/2017 passed by the learned Foreigners' Tribunal-II, Karimganj, Assam, in FT. Case No.350/2015 by which the petitioner was declared a foreigner, who came to India illegally from Bangladesh on or after 25/3/1971.

(3.) The said impugned order has been challenged on the grounds, inter alia, that the petitioner when he was about 2 years old had entered India with his father Boloram Paul along with his grandfather Chintaharan Paul on 30/9/1964 from the then East Pakistan and they were given refugee status by the Government of India as clearly evident from the certificate issued by the Government of West Bengal to the members of the minority community in East Pakistan desiring to stay in India. According to the petitioner, the petitioner's grandfather though entered through the West Bengal, soon thereafter, settled in the State of Assam and accordingly, his name appeared in the voters' list of 1966 and thereafter, he died. Accordingly, it has been submitted that since the petitioner's grandfather was an Indian citizen who was casting vote since 1966, the petitioner is to be treated as an Indian.