JONAB ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner challenging the opinion dtd. 29/12/2023 passed by the Member, Foreigners Tribunal No. 2, Kamrup at Boko, Assam in B.F.T. Case No 342/15 arising out of FT Case No. 880/09 whereby a reference made before the Tribunal was answered in affirmative and the petitioner was held to be not an Indian Citizen. The Tribunal opined that the petitioner could not establish his linkage with an Indian parent relatable to a period before 25/3/1971.

(2.) Pursuant to issuance of Notice by the Tribunal, the petitioner appeared before the Tribunal and contested the reference made by the State to decide the question whether the petitioner is an illegal migrant who had entered into the territory of Assam from the specified territory on or after the cut-off date which is 25/3/1971. The petitioner filed his written statement and also adduced evidences.

(3.) This Court by order dtd. 4/4/2024 before proceeding in the matter decided to examine the Tribunal records and accordingly the same were called for.