BAKES ALI @ BAHEJ UDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, who has been declared to be a foreigner (illegal Bangladeshi migrant) by the Foreigners Tribunal -III, Barpeta, Assam, vide order dated 07/10/2013 in FT Case No. 120 (III)/2012 (Ref. IMDT Case No. 858(A)/98 (State of Assam Vs. Bakes Ali), has filed the instant writ petition challenging the said order.

(2.) AS has been claimed in the writ petition, the petitioner aged 62 years is a citizen of India by birth. Referring to the voter lists of 1966 and 1970, it is the case of the petitioner that his parent 's names, namely, Juran Ali and Sukurjan Nessa, appeared in the said two voter lists pertaining to No. 54 Chenga Assembly Constituency. The petitioner has also referred to the voter list of 1989, 1997 and 2010 stating that his name also appeared in the said voter lists as Bahej Uddin and Md. Bakesh Ali respectively. According to the petitioner, Bahej Uddin and Md. Bakesh Ali is one and the same person i.e. the petitioner. The petitioner has also referred to the certificate dated 06/07/2012 purportedly issued by the particular Gaonbura (seal not legible) and not on any letter head certifying that Bakesh Ali, Son of late Juran Ali 's name appeared in the voter list of 2010 and that he is a resident of the particular village.

(3.) I have heard Mr. M.U. Mahmud, learned counsel for the petitioner. I have also heard Mr. M. Bhagabati, learned CGC and Mr. N. Upadhyay, learned State Counsel appearing for the respondents. I have also perused the entire materials on record. My findings and conclusions are as follows.