UTTAM GHOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned CGC appearing for respondent no.1; Mr. J. Payeng, learned Special Standing Counsel, F.T. appearing for respondent nos.2, 5, 7 and 8; Ms. U. Das, learned Government Advocate, Assam, appearing for respondent nos.6, Mr. A. Bhuyan, learned Standing Counsel, ECI, appearing for respondent no.3 and Mr. K.K. Parasar, learned counsel, NRC, appearing for respondent no.4.

(2.) In this petition, the petitioner has challenged the impugned opinion dtd. 7/7/2021 passed by the learned Foreigners Tribunal, Kamrup (M) 3rd, Guwahati-3 passed in FT Case No. 02/2019 by which the petitioner was declared a foreigner.

(3.) Ms. D. Ghosh, learned counsel for the petitioner submits that the petitioner had produced sufficient materials before the Tribunal to substantiate his claim that he is an Indian and not a foreigner. The petitioner has also collected some more important documents subsequently like certified copies of the voters lists of 1966, 1997, 2005 and 2021 etc. and if necessary, these may be allowed to be filed so that he can conclusively establish his claim of Indian citizenship. Learned counsel for the petitioner states that because of the lock down due to Covid-19 pandemic, the petitioner could not produce the aforesaid documents. Accordingly, the learned counsel for the petitioner submits that if the Court is not satisfied with the existing evidences on record to prove that he is an Indian, the matter can be remanded to the concerned Tribunal for reconsideration by allowing these documents to be filed.