MD ABDUL RAHIM Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ appellant/writ petitioner having failed in his endeavour to upturn the determination made by the learned Foreigners Tribunal (2 nd ) Morigaon, in FT(D) Case No. 19/2008 adjudging him to be an illegal migrant, who have entered into India (Assam) from Bangladesh after 25.03.1971, he is in appeal against the judgment and order dated 20.03.2012, rendered by a Single Bench of this Court in WP(C) No.4601/2011.

(2.) We have heard Mr. S Chouhan, learned counsel for the appellant and Mr. M Bhagawati, learned counsel appearing for the respondent No. 1, Union of India. Also heard Mr. PS Deka, learned State Counsel, Assam.

(3.) On the basis of a reference made by the jurisdictional verification officer following an investigation, as claimed by him, in the year 1997 in the village Sahariapam of the writ petitioner/writ appellant arousing a suspicion that he is an illegal migrant from Bangladesh entering the borders of India after 25.03.1971, the aforementioned case was registered, eventually, with the Foreigners Tribunal (2 nd ) Morigaon, Assam (for short hereafter referred to as the Tribunal). On receipt of the notice, the writ appellant/writ petitioner appeared in the case and submitted his written statement claiming himself to be a citizen of India by birth. He asserted as well that his father had cast vote in the Assembly Elections of the State held in the years 1965 & 1970. Both sides, thereafter, adduced evidence. The writ appellant/writ petitioner in course of his testimony, proved, amongst others, a certificate issued by the village Headman and the In-charge President of Lengribori Gaon Panchayat to the effect that he belonged to the Sahariapam village. He proved, as well a school certificate issued by the Sahariapam M.V. School and copies of voter lists containing the name of his father Abdul Barek. The learned Tribunal, as aforestated, on a scrutiny of the pleadings and the evidence on record, however, declared him to an illegal migrant, who had entered into India (Assam) from Bangladesh after 25.03.1971.