BANES ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned Assistant Solicitor General of India, for the respondent No.1 as well as appearing as standing counsel, NRC, for respondent No.3; Mr. J. Payeng, learned special counsel, FT, appearing for respondent Nos.5 & 6; Mr. A. Bhuyan, learned standing counsel, ECI, appearing for respondent No.2 and Ms. K. Phukan, learned Junior Government Advocate, Assam, appearing for respondent No.4.

(2.) In this petition, the petitioner has challenged the order dtd. 30/10/2017 passed by the Foreigners Tribunal, Barpeta-7th in FT Case No.34/2017 by which the Tribunal held that the petitioner failed to prove himself to be the son of genuine Indian parents by discharging his burden of proof as provided under Sec. 9 of the Foreigners Act, 1946 and held him to be a foreigner who had entered into Assam on or after 25/3/1971 and is liable to be pushed back to the specified territory.

(3.) Learned counsel for the petitioner submits that after receipt of summons, the petitioner filed his written statement on 25/4/2017 in which the petitioner denied that he is a foreigner. In the said written statement, he had stated that he was born and brought up in village Dakshin Godhani, PS. Tarabri, District-Barpeta and his father's name is Madhu Sheikh and his mother's name is Aymon Nessa.