(1.) The petitioner, who has been identified as 'D' (Doubtful) voter, has filed this writ petition, challenging the proceeding that has been initiated against him by the Foreigners Tribunal, Goalpara vide FT Case No. 5368/G/12 arising out of district Case No. 793/2010. Apart from claiming that initiation of such proceeding is uncalled for in view of the fact that the petitioner is an Indian citizen, the said proceeding has also been questioned on the ground of pendency of a suit being Title Suit No. 95/2012 in the Court of the learned Munsif No.1, Goalpara, by which the petitioner as the plaintiff has prayed for a declaration that he is an Indian citizen as defined in the Citizenship Act and that the alphabet "D" shown against his name in the electoral roll be removed entitling him to cast votes in elections.
(2.) Having regard to the importance of the issue involved, which is, as to whether in view of the existing special law for determination of citizenship issue, a civil suit is maintainable towards determination of one's citizenship, Mr. K.P. Pathak, learned ASGI was requested to assist the Court as Amicus Curiae, more particularly when the Union of India is also party respondent in the writ petition. Similarly, Mr. K.N. Choudhury, learned Sr. AAG, Assam was also requested to assist the Court. Both of them readily agreed to do so.
(3.) The writ petition was first entertained on 24.1.2013 and thereafter adjourned to 28.1.2013. On that day, Mr. A.R. Sikdar, learned counsel for the petitioner prayed for a week's time and suggested the next date as 13.2.2013. Accordingly, the matter was adjourned and could be taken up for final hearing on 21.2.2013, on which date Mr. Sikdar, learned counsel for the petitioner, at the first instance, wanted to withdraw the writ petition to which Mr. Pathak, learned ASGI, acting as Amicus Curiae, raised objection having regard to the importance of the issue involved. Eventually, the learned counsel for the petitioner agreed for final adjudication of the matter and made his submissions. In addition to his oral submission, he also submitted a written argument.
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