LAWS(GAU)-2013-5-76

MD. DURJAN ALI Vs. THE STATE OF ASSAM, THE SUPERINTENDENT OF POLICE, THE UNION OF INDIA AND THE MEMBER, FOREIGNERS TRIBUNAL

Decided On May 16, 2013
Md. Durjan Ali Appellant
V/S
The State Of Assam, The Superintendent Of Police, The Union Of India And The Member, Foreigners Tribunal Respondents

JUDGEMENT

(1.) THE petitioner who has been declared to be a foreigner (illegal Bangladeshi migrant) by the Foreigners Tribunal has filed this writ petition challenging he said declaration. The impugned order of the Tribunal is dated 14.5.2010 passed in F.T. Kamrup (Metro) Case No. 125/2007 corresponding to IM(D)T Case No. 1535/2005 and Police Case No. 340/2006 (Union of India Vs. Md. Durjan Ali). I have heard Dr. B. Ahmed, learned counsel for the petitioner and have also heard Mr. N. Upadhyay, learned State Counsel. As usual, none has appeared for the Union of India. I have also gone through the entire materials on record including the case file received from the Tribunal. According to the petitioner, he is a citizen of India by birth. His paternal great grand father is Late Sadhu Sikdar @ Sadhu Sheikh and his grand father is Wassil Ali. He claims that his father is Md. Mohammed Ali. It will be pertinent to mention here that in the writ petition, the petitioner has declared his age as 31 years.

(2.) THE petitioner has annexed certain documents to the writ petition in support of the aforesaid claim which include the photocopies of annual khiraj patta pertaining to Dag No. 169 for the year 1924 -25 and also annual patta bearing No. 81 issued by the Settlement Officer, Kamrup, Assam. The said documents stand in the name of one Sadhu Sheik and Inam Ali; Wassil and Wazuddin.

(3.) IN the voter list of 1966, the name of one Wassil Sheikh S/o Sadhu Sikdar appears and so also in the voter list of 2010. In the voter list of 1970 also the name of one Wasin Sheikh appears while in the voter list of 1971 the name of one Mohammed Ali appears. Interestingly, in the voter list of 1997, the name of the petitioner appears as S/o Mohammed Ali aged 28 years along with his purported parents namely Mohammed Ali and Dudhjan Nessa, aged 42 and 32 years respectively. Thus, the petitioner was only 4 years younger than his mother. Coupled with this, his age has increased by only 3 years from 1997 to 4.11.2010 when he had sworn the affidavit in support of the writ petition describing his age as 31 years. When the learned counsel for the petitioner was asked to explain these discrepancies, there was no answer.