KARIM ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned Asstt. SGI, accepts notice for respondent no.1; Mr. G. Sarma, learned Special Counsel, F.T., accepts notice for respondent no.4 and Ms. U. Das, learned Judicial Government Advocate, Assam, accepts notice for respondent nos. 2 and 3.

(2.) In this petition the petitioner has challenged the impugned order dtd. 18/9/2017 passed in F.T. Case No.FT/5/341/MA/16 by the Foreigners Tribunal No.5th, Goalpara.

(3.) After a reference was made and notice issued by the Tribunal, the petitioner duly appeared before the Tribunal and filed his written statement and produced a number of documents. The petitioner examined himself as D.W.1 and his maternal uncle, namely Maharaj Ali as D.W.2, his mother, namely, Kadbhanu Nessa as D.W.3 and his younger brother, namely, Abdul Kuddus as D.W.4 to substantiate that the petitioner is an Indian and not a foreigner. However, the Tribunal declined to believe the plea of the petitioner, primarily, on the ground that though there is evidence that his father had appeared in the Intermediate Examination held in the year 1968 from Katarihara Senior Madrassa but thereafter, the petitioner's father's name did not appear in any of the voters lists except in the voters lists of 1985 and afterwards. Accordingly, the Tribunal made the finding against the petitioner by holding that the petitioner is a foreigner who entered into Assam after 1971.