MD. AKBAR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is directed against the judgment and order 22.04.2013 passed by the learned Member, Foreigners Tribunal (1st), Morigaon, Assam in FT(C) Case No. 57/2006 )Police ref. IM(D)T Case No. 1/96 (State of Assam Vs. Md. Akbar Ali and 3 others) by which the petitioners have been declared to be foreigners (Illegal Bangladeshi Migrant) who entered into Assam illegally after the cut off date 25.03.1971 from Village ­ Pakundichar, under PS - Pakundia in the district of Maimansing, Bangladesh.

(2.) I have heard Mr. F.U. Barbhuiya, learned counsel for the petitioners. Also heard Mr. M. Bhagabati, learned CGC and Mrs. R. Gogoi, learned State Counsel. I have also perused the materials on record including the records received from the Tribunal.

(3.) IN support of their plea of being Indian citizens by birth, the petitioners exhibited Ext.1 Certificate dated 22/11/1993 purportedly issued by the Government Gaonbura certifying the petitioners to be residents of the particular locality ; Ext. Ka photocopy of voter list of 1965 containing the name of one Moizuddin ; Ext. Kha photocopy of voter list of 1970 containing the name of Moizuddin ; Ext. Ga Special Family Identity Card containing the name of one Maizuddin and some other family Identity cards and Certificate of Gaonbura containing the names of Moizuddin and Foizuddin.