ROFIKUL ISLAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Z. Hammad, learned counsel for the petitioners. Also heard Mr. A. Kalita, learned Standing Counsel, Foreigners Tribunal; Mr. B. Deka, learned Central Government Counsel; Ms. B. Das, learned Standing Counsel, Election Commission of India and Mr. K.K. Parasar, learned Standing Counsel, NRC.

(2.) In this petition, the petitioners have challenged the opinion rendered by the learned Members, Foreigners Tribunal No. 1, Morigaon in Case no. F.T.(C) 93/2009 arising out of Police Reference I.M.(D)T. Case no. 209/2004 dated 27.02.2004, in which the opinion was rendered on 21.02.2017 by which the present petitioners namely, (i) Md. Rafikul Islam @ Robi Awal, s/o- Lt. Iman Ali; (ii) Musstt. Safia Khatoon (wife); (iii) Md. Saidul Islam; (iv) Md. Ratul Islam; (v) Musstt. Matufa Begum; and (vi) Musstt. Rupsana Begun (all children), of village-Basundhary, P/S- Jagiroad, District- Morigaon have been declared foreigners under Section 2(a) of the Foreigners Act, 1946.

(3.) The learned counsel for the petitioners, apart from the submission advanced on the basis of numerous documentary and the oral evidences adduced before the learned Tribunal, has drawn specific attention of this Court to one opinion rendered on 28.10.2016 by the Foreigners Tribunal (1st), Morigaon, Assam in F.T.(C) Case no. 59/2009 arising out of Police Reference I.M.(D)T. Case no. 51/2001, dated 29.01.2001, whereby the procedees namely, (i) Musstt. Hazera Khatun @ Firoja Khatun wife Md. Abdul Kadir; (ii) Md. Abdul Kadir (husband); (iii) Md. Aizul Haque; (iv) Md. Saidul Rahman; (v) Md. Afazuddin; (vi) Musstt. Bulbul Nessa; (vii) Musstt. Mairun Nessa (children); and (viii) Musstt. Noorjahan (daughter-in-law) of village- Basundhari, P/S- Jagiroad, District- Morigaon, Assam were held to be citizens of India by birth under Section 3 of the Indian Citizenship Act, 1955 as amended in 2005.