SAHJAHAN ALI (MD.) Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. F.U. Barbhuiya, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC, appearing for the respondent no.1. Mr. J. Payeng, learned special counsel for the Home Department, representing respondent nos. 3, 6 and 7, Mr. H.K. Hazarika, learned Junior Govt. advocate appearing for respondent no.3. None appears on call for respondent no.5.

(2.) By an opinion dtd. 25/5/2018, passed by the learned Member, Foreigners' Tribunal 2nd Nagaon in F.T. Case No. 820/2011, bearing S.P. Ref. IMDT Case No. 393/2002, the petitioner, Sahjahan Ali, was declared to be a foreigner who has entered into India after 25/3/1971 from the specified territory i.e., Bangladesh. The said opinion has been assailed in this writ petition filed under Article 226 of the Constitution of India.

(3.) The case record was called for and received from the learned Tribunal. The case record reveals that the Superintendent of Police (B), Nagaon had lodged an FIR which was registered as IM(D)T Case No. 393/2002 dtd. 29/6/2002, inter alia, alleging that the petitioner was an illegal migrant. In this connection, the Inquiry Officer (I.O. for short), who was the then S.I.(B) at Kachua P.S. had examined two witnesses. The case records also reveals that in the Form-I dtd. 11/7/2002 prepared by the I.O., it has been mentioned that the father of the petitioner is Md. Morjat Ali, and that the petitioner is a male aged 22 years, having a height of 5'- 9" with swarthy complexion and he is a daily rate labour, and that he had entered into India after 25/3/1971, for a better living. In column 12 of the report dtd. 12/9/2002 of the I.O. under Form-II, it has been stated in that the petitioner had entered from village Laskarpur, P.S. Gowainghat, Dist. Sylhet, Bangladesh after 25/3/1971. In column 18(iii) thereof, it has been stated that the petitioner has entered through unauthorized route. In the note of the I.O., it is stated that during enquiry the petitioner could not produce any documentary evidence in support of Indian national. The said report was forwarded to the S.P. (Border), who had referred the matter to the IM(D)T, Nagaon for a decision as to whether or not the petitioner has entered into India/ Assam after 25/3/1971. The said reference then taken up by the learned Member, Foreigners' Tribunal 2nd, Nagaon.