FORHAD ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. R. Choudhury, learned counsel for the petitioner. Also heard Ms. L. Devi, learned CGC appearing on behalf of respondents in the Union of India and the authorities under the NRC being the respondent Nos.1 and 6, Mr. P. Sarma, learned Government Advocate for the State respondents being the respondent No.3, Mr. G. Sarma, learned Standing Counsel representing the respondents Nos. 2 and 4, being the under the Home Deportment, and Mr. T. Pegu, learned counsel for the Election Commission of India being respondent No.5.

(2.) The petitioner, Forhad Ali, had been referred to the Foreigner's Tribunal No.2, Bongaigaon at Abhyapuri, Assam for rendering an opinion as to whether he is a foreigner under the Foreigners Act, 1946 resulting in registration of Case No. BNGN/FT-2/APR/736/2016. The Tribunal rendered an opinion dtd. 29/10/2019 declaring the petitioner to be a foreigner. Being aggrieved this writ petition is instituted.

(3.) Before the Tribunal, the petitioner relied on the Voters List of 1966 as Exhibit-2; Voters List of 1970 as Exhibit-3; Voters List of 1985 as Exhibit-4; Voters List of 1989 as Exhibit-5; Voters List of 1997 as Exhibit-6; as well as the Voters List of 2011 as Exhibit-7 and Voters List of 2016 as Exhibit-8, where all the voters lists are of Village Lotibari Part-III. The petitioner also relied upon the Jamabandi of a plot of land of the Village Lotibari Part-III. By relying upon the contents of the information in the Jamabandi and the Voters Lists of 1966 and 1970 as well as the Voters List of 1985 of Village Lotibari Part-III, wherein the names of Habi Rahman and Habibar Rahman, respectively appeared, the petitioner sought to establish that the burden under Sec. 9 of the Foreigners Act, 1946 has been discharged.