NAGAR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M. A. Choudhury, learned counsel appearing on behalf of Mr H. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. P.S. Lahkar, learned Central Government counsel for the respondent No. 1, Mr U.K. Nair, learned senior counsel representing the State for the respondent Nos. 2, 3, 6 and 7, Ms. N. Upadhyay, learned standing counsel, Election Commission of India for the respondent No. 4 and Ms. L. Devi, learned standing counsel, NRC for the respondent No. 5.

(2.) By way of this writ petition, the petitioner has challenged the opinion dated 28-05-2019 rendered by the Member, Foreigners Tribunal Bongaigaon No. 2, Abhayapuri in F.T. Case No. BNGN/FT-2/APR/164/17. By the said opinion the Member, Foreigners' Tribunal Bongaigaon No. 2 answered the reference made by the Superintendent of Police, (Border) Bongiagaon in affirmative and opined and declared that the petitioner Nagar Ali is a foreigner/illegal migrant who had entered Assam on or after 25-03-1971.

(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 one Ayen Sheikh @ Ayen Ulla @ Ayan as his grandfather, one Abdur Rahman Sheikh @ Abdur Rahman @ A. Rahman as his father and one Sarbhanu Bibi as his mother. The petitioner upon receipt of notice issued by the Tribunal regarding the reference appeared and duly contested the case by filing the written statement and examined 2 (two) witnesses.