MAHAMMAD ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition is directed against the order passed on 31/8/2023 by the Member of the Foreigner's Tribunal, 4th Darrang, Mangaldai, in FT 4th Case No. 618/SPR/2017. In this order, the Tribunal affirmed the State's reference against the petitioner, concluding that the petitioner had failed to discharge the burden under Sec. 9 of the Foreigner's Act, 1946. The Tribunal opined that the petitioner could not prove that he was born to genuine Indian parents and had acquired Indian citizenship by birth. As a result, the petitioner was declared a foreigner/illegal migrant of post 25/3/1971, leading to the filing of this writ petition challenging the Tribunal's opinion

(2.) Before the Tribunal, the petitioner submitted his written statements along with supporting documents. The petitioner himself appeared as DW1 and also presented two other witnesses, DW2 and DW3. In total, the petitioner exhibited 19 documents, including his voter identity card, in support of his case before the Tribunal.

(3.) Ultimately, the Tribunal rejected the case presented by the petitioner and, accordingly, answered the reference in the affirmative, declaring the petitioner a foreigner/illegal migrant.