SADEK ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has challenged ex-parte judgment dated 17/3/2011 passed by the Foreigners Tribunal, Dibrugarh in FT Case No. 74/2010 by which the reference made against the petitioner that he is a Bangladeshi national and illegally entered into Assam, India after the cut off date, i.e. 25/3/1971, has been answered in the affirmative.

(2.) ACCORDING to the petitioner, he is an India citizen by birth and is the son of Abdul Rezzak @ Rejak Miah, whose name appeared in the voter lists of 1966, 1970 and 1997. It is the claim of the petitioner that although in the voter list of 1966 and 1970, his father's name appeared as Rejak Miah, but in all subsequent documents it is as Abdul Rezzak. Thus, the petitioner has named his father by two names, namely Rejak Miah and Abdul Rezzak, in support of which he has referred to Annexure-4 affidavit dated 01.06.2011 purportedly sworn by his mother, Sajeda Khatun.

(3.) I have heard Mr. M.U. Mahmud, learned counsel for the petitioner as well as Mr. H.K. Barmah, learned State counsel. I have also heard Mr. N. Bhagawati, learned CGC. I have also perused the records of the Tribunal and I have given my anxious consideration to the same.