AZIZ MIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R Ali learned counsel for the petitioner. Also heard Ms. A Verma, learned Special Standing Counsel, Foreigners Tribunal for the Home Department, Government of Assam as well as the Superintendent of Police (B) Hojai, Ms. L Devi, learned CGC for the respondents in the Union of India as well as the authorities under the NRC, Mr. AI Ali, learned counsel for the authorities under the Election Commission of India, and Ms. K Phukan, learned Government Advocate for the Deputy Commissioner, Hojai.

(2.) The petitioner Aziz Mia was referred to the Foreigners' Tribunal No. 2, Kamrup(M) for rendering an opinion as to whether he is a foreigner as defined in the Foreigners' Act, 1946, who entered the State of Assam from the specified territory, resulting in registration of FT Case No. 165/2015 corresponding to IM(D)T Case No. 239/2001.

(3.) In the proceeding before the Tribunal, the petitioner made an application with a prayer that the proceedings itself be dropped, inasmuch as, the inquiring authority in its report submitted that during the inquiry the petitioner could produce a voters' list of 1966 which belong to his father to prove that he is not a foreigner and accordingly, the inquiring authority had given a view that the petitioner is not an illegal migrant, but in spite of such report by the inquiring authority, the Superintendant of Police (Border), Kamrup made a reference to the Foreigners' Tribunal resulting in registration of the aforesaid FT Case No. 165/2015. By the Order dtd. 20/3/2023, the Tribunal was of the view that as the referral authority had suspected the petitioner to be an illegal migrant post 25/3/1971, the prayer to drop the proceeding against the petitioner cannot be accepted. Being aggrieved, this writ petition is instituted.