BILAT KHAN @ BILAYET KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Both the writ petitions involving two brothers, who had been declared to be foreigners (illegal Bangladeshi migrants) vide judgment delivered on the same day (11.2.2013) by the Foreigners Tribunal (III) Barpeta (Assam) in F.T. Case No. 145(III)/2011 and F.T. Case No. 157(III)/2011 have been heard together and are being disposed of by this common judgment and order. Learned counsel for the petitioners having extensively argued in reference to WP(C) No. 1121/2013, the said case has been discussed as the base case towards answering both the writ petitions. Be it stated here that the evidence adduced in both the cases are more or less the same with minor variations here that there.

(2.) The petitioner involved in WP(C) No. 1121/2013 claims to be the son of Zumo Khan @ Jashu Khan @ Md. Jashma. However, before the Tribunal, it was never his case that his father is also know as Md. Jashma.

(3.) In the writ petition, the petitioner claims to be a citizen of India by birth and son of Zumo Khan-@ Jashu Khan @ Md. Jashma. He also claims to be grand-son of one Hussain Khan, whose name appeared in voter lists of 1966 and 1970. According to the petitioner his father's name appeared in the voter list of 1989, 1993, 1997 and 2010 as Md. Jashma and Jashu Khan respectively. It is the further case of the petitioner that his name appeared in the voter list of 1989 followed by 1993 and 1997. He has also referred to the certificate dated 10.2.2010 purportedly issued by the local Gaonburha. Referring to the said documents, the petitioner has contended that the learned Foreigners Tribunal could not have declared him to be a foreign national.