JAKIR HUSSAIN (MD.) Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B.C. Das, learned counsel for the petitioner. Also heard Mr. J. Payeng, learned Standing Counsel, Foreigners Tribunal appearing for respondent Nos.2, 4 & 5; Ms. L. Devi, learned counsel appears on behalf of Mr. R.K.D. Choudhury, learned ASGI for respondent No.1 and Ms. K. Phukan, learned Govt. Advocate, Assam appears for respondent No.3.

(2.) In this petition, the petitioner has challenged the order dtd. 28/7/2017 passed by learned Foreigners Tribunal-1, Nalbari in F.T.(Nal) Case No.(N) 129/2011 [S.P. Reference No.430/10] by which the petitioner had been declared to be a foreigner of 25/3/1971 stream.

(3.) Petitioner has assailed the said opinion dtd. 28/7/2017 rendered by the learned Tribunal on various grounds including that he had specifically pleaded before the learned Tribunal that his father was declared to be not a foreigner in an earlier proceeding held against his father in F.T.(Nal) Case No.(N)45/2009 [S.P. Reference No.73/09] vide opinion dtd. 18/3/2016 and adduced evidences in support of it. It has been submitted that in spite of proving that his father was declared not a foreigner but an Indian, the learned Tribunal ignored the same on the grounds which are not sustainable in law and declared the petitioner to be a foreigner.