ISMAIL 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) in F.T. Case No. 145(III)/2009 (Ref. IMDT Case No. 1856/2001) (State of Assam vs. Ismail Ali) has filed the instant writ petition challenging the said order. According to the petitioner, he is a citizen of India Referring to the voter list of 1965 and 1970, it is the case of the petitioner that the names of his parents appeared in the said two voter lists. He has also referred to the voter list of 1985 to claim that the name of his wife was recorded therein. The petitioner has also referred to the Annexure-6 school certificate dated 06.11.2013 to show that he was a student of Fingua Borhola M.E. School and read up to Class-IV. As per the said certificate, he was born on 21.01.1961 and left the school on 31.03.1971 while in Class-IV. It will be pertinent to mention herein that the petitioner never contended before the Tribunal that he had studied in any school. The school certificate has been obtained after the impugned judgment was delivered on 30.09.2013.

(2.) Further case of the petitioner in the writ petition is that his name had appeared in the voter lists of 1997 and 2010 and that of his wife in the voter list of 2014. The petitioner has also referred to the Annexure-10 certificate of the Gaon Burah certifying that his name appeared in the voter list of 2011 and that he is a resident of the particular locality.

(3.) According to the petitioner, in view of the above documents, he is required to be declared as Indian National and accordingly the impugned judgment of the Tribunal declaring him to be an illegal migrant who entered into Assam after the cut off date i.e. 25.03.1971 is liable to be interfered with.