ABDUL KHALIQUE Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by the proceedee under the provisions of the Foreigners' Act, 1946, is directed against the judgment and order dated 8/1/2010 passed by the learned Single Judge in W.P. (C) No. 4611/2007, dismissing the writ petition filed by the present appellant challenging the order dated 9/4/2007 passed by the learned Member, Foreigners' Tribunal, No. 2, Nagaon in F.T. Case No. 292/06. On the basis of the reference made by the S.P. the aforesaid F.T. case has been registered against the appellant The Tribunal, after registration, issued notice on receipt of which the appellant entered appearance and filed a written statement contending inter alia, that he is an Indian national by birth as he was born in Paghali village under Samaguri P.S. It is also been pleaded that his grand father's name is Abdul Wahab appeared in the voter's list pertaining to the year 1965 in respect of Samaguri Legislative Assembly Constituency against House No. 30 SL No. 80 part 154 of village Paghali.

(2.) The appellant in support of his contention has examined witness including himself as witness 1, the Gaon Bura of village Paghali as witness No. 2 and the villagers of Dijubasti village as witness no. 3. The said witnesses, however, were hot cross examined by the State. The voter's list pertaining to the year 1965 containing the name of Abdul Wahab, who according to the appellant is his grand-father, was also proved, and was marked as Exhibit 'ka'

(3.) The Tribunal upon appreciation of the evidence adduced by the parties has rendered its opinion vide order dated 9/4/07 that the appellant is a foreigner coming to India after 25/3/71. The Tribunal has rejected the evidence of witness Nos. 1 and 3, on the ground that the Gaonbura of Dijubasti village in his evidence has stated that he does not know the name of appellant's grandfather and he also does not know who is Abdul Wahab. The appellant thereafter, file W.P. (C) 4611 / 07 which was also dismissed by the learned Single Judge upholding the opinion rendered by the Tribunal.