SAHA ALI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) BY means of this writ petition, the petitioner has challenged the order dated 06.02.2014 of the Foreigners Tribunal (IInd) Barpeta passed in FT (IInd) Tribunal Case No. 1118/11 (Union of India Vs. Sah Ali). By the said judgment, the petitioner has been declared to be a foreigners within the meaning of Section 2(a) of the Foreigners Act, 1946, who entered into India after the cutoff date i.e. 25.03.1971. In the counter affidavit filed by the Superintendent of Police (B), Barpeta filed on 10.06.2014, it has been stated thus: -

(2.) IT will be pertinent to mention here that although the writ petition was entertained by order dated 16.05.2014, no interim order was passed suspending the impugned judgment and/or directing the respondents not to apprehend the petitioner, a declared foreigner.

(3.) COMING to the case in hand, it is the projection made by the petitioner that his father is known as Mamo Dewani and so also as Jasimuddin. On the other hand, the documents which the petitioner has placed reliance including the voter list of 1965 and 1970, apart from reflection of the name of one Mamo Dewani, there is reflection of one Jasimuddin also, interestingly, in the voter list of 1970, Mamo Dewani was shown separately and so also Jasimuddin. Had it been a case of Mamo Dewani and Jasim Uddin being one and the same person, their names would not have been shown separately under different columns. This aspect of the matter has been discussed by the Tribunal in its impugned order dated 06.02.2014.