ABDUR RAHIM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A S Choudhury, learned counsel for the petitioner. Also heard Mr. J Payeng learned counsel for the respondents in the Home Department of Government of Assam as well as the The Superintendant of Police (B), Nagaon, Ms. L Devi, learned CGC appearing for the respondents in the Union of India, Mr. N K Das learned counsel appearing for the Deputy Commissioner, Nagaon and heard Mr. G Sarma, learned counsel for the respondents in the Home Department of Government of Assam as well as the The Superintendant of Police (B) Barpeta, P.O and District Barpeta, Assam, Ms. L Devi, learned CGC appearing for the respondents in the Union of India, Mr. AI Ali, learned counsel for the respondents in the Election Commission of India.

(2.) The petitioner Abdul Rahim had been referred to the Foreigners' Tribunal No. 4th, Nagaon for rendering an opinion as to whether he is a foreigner within a meaning of Foreigners' Act, 1946, resulting in the registration of FT Case No. 246/2016, wherein the Tribunal rendered an opinion dtd. 24/4/2019 declaring the petitioner to be a foreigner. Being aggrieved this writ petition is instituted.

(3.) In the writ proceeding, the petitioner relies upon the voters list of 1970 of village Bagariguri P.S Rupahihat in the district Nagaon, which contains the name of Hussain son of Sabed at Sl. No. 53 as well as that of Kandar Ali son of Sabed at Sl. No. 55 where both were shown to be residing in the same house no. 11. The petitioner claims that Hussain son of Sabed of the 1970 voters' list of village Bagariguri is his grandfather and Kandar Ali brother of Hussain is the younger brother of his grandfather. The petitioner thereupon relies upon the voters' list of 1997 of village Bagariguri which contains the name of Abdul Ali son of Hussain Ali at Sl. No. 8 and claims that Abdul Ali is the father of the petitioner. To establish that Abdul Ali is his father and Hussain of the 1970 voters' list is the grandfather, the petitioner relies upon the evidence of Ranjit Bhuyan as OPW-4 who claims to be the Gaonburah of village Bagariguri. The petitioner also relies upon the evidence rendered by Kandar Ali son of Late Sabed Ali of village Bagariguri as OPW-3. By relying upon the evidences of OPW-3 and OPW-4, the petitioner claims that he had discharged the burden that Hussain of the 1970 voters' list is the grandfather and Abdul Ali of the 1997 voters' list, both from village Bagariguri, is the father.