MD. SURATH ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.T. Sarkar, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the respondent No.1 being the Union of India, Ms. A. Verma, learned Counsel appearing for the Home Department of Government Assam for the respondent No.2 and 4 and Ms. U. Das, learned Advocate for the respondent No.3 being the Deputy Commissioner, Dhubri.

(2.) The petitioner, namely, Md. Surath Ali @ Churat Ali has been referred to the Foreigners' Tribunal, 10th Dhubri for rendering an opinion as to whether he is a person who had entered the State of Assam from the specified territory on or after 25/3/1971, resulting in registration of F.T. Case No.FT(10)/AGM/392/2017. The Tribunal rendered an opinion dtd. 6/6/2017 declaring the petitioner to be an illegal migrant. Being aggrieved this Writ Petition is instituted.

(3.) In the Writ Petition, the petitioner relies upon the Voters List of 1970 of Village Jhaskal Part-II, Police Station Golakganj in Dhubri District, which contains the name of Babur Ali Sheikh son of Gadlu at Sl. No.137; the Voters List of 1977 of Village Jhaskal Part-II, Police Station Golakganj containing the name of Babur Ali son of Gadlu at Sl. No.150 and Surbhan Bibi wife of Babur Ali at Sl. No.151 and both are shown to be residing in the same House No.54. The petitioner also relies upon the Voters List of 1985 of Village Jhaskal Part-II, Police Station Golakganj, containing the name of Suro Bewa wife of Babur Ali at Sl. No.844. It is clarified by the petitioner that Babur Ali in the meantime died and therefore the name of his wife Surbhan Bibi is now reflected as Suro Bewa.