FORMAN KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mrs. BD Sarma, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents No.1 and 6 being the Union of India and the authorities under the NRC, Ms. A Verma, learned standing counsel Foreigners Tribunal for the respondents No.2 and 4, being the authorities under the Home Department, Government of Assam as well as the Superintendent of Police (Border), Barpeta, Mr. AI Ali, learned standing counsel for the respondent No.5 being the Election Commission of India, Ms. K Phukan, learned Government Advocate for the respondent No.3 being the Deputy Commissioner, Barpeta.

(2.) The petitioner Forman Khan was subjected to his name being marked "D" in the voters" list of 1997 of village Belortari, PS Barpeta, Barpeta district. Accordingly a reference was made to the Foreigners" Tribunal No.1, Barpeta for rendering an opinion as to whether the petitioner is a person who had entered the State of Assam subsequent to 25/3/1971 and in the process IMDT Reference Case No.81/1997 renumbered as F.T. Case No.145/2017 was registered.

(3.) The Foreigners" Tribunal No.1, Barpeta by its opinion dtd. 5/4/2019 had opined that the petitioner could not establish that he is a bona fide citizen of India and that he had not entered India after the cutoff date i.e. 25/3/1971.