MD. FAIZUDDIN @ MAIZUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) I have heard Mr. M.A. Sheikh, learned counsel for the petitioners. Also heard Mr. N. Mohammed, learned State Counsel and Ms. G. Sarma, learned counsel appearing on behalf of Mr. S.C. Keyal, learned ASGI. I have also considered the entire materials on record including the records received from the Tribunal

(2.) The petitioners, namely, 1. Md. Faizuddin @ Maizuddin, 2. Must. Hasen Banu, 3. Ms. Rupia Begum and 4. Ms. Afiya Begum are aggrieved by order dated 8.7.2010 of the Foreigners Tribunal (1st), Morigaon passed in F.T. Case No. 119/07 (Police Ref. FT Case No. 89/06) (State of Assam v. Md. Faizuddin and Ors.). By the said order, the petitioners have been declared to be foreigners of post 25.3.1971.

(3.) As will be evident from the impugned judgment itself, the petitioners after filing of the written statement and photocopies of some documents did not adduce any evidence towards discharging the burden of proof as envisaged under Section 9 of the Foreigners Act, 1964. Mr. M.A. Sheikh, learned counsel for the petitioners referring to the documents annexed to the writ petition submits that the Tribunal committed manifest error of law and declared the petitioners to be foreign nationals. On the other hand, both Mr. N. Mohammed, learned State Counsel and Ms. G. Sarma, learned counsel representing Union of India submit that the petitioners having failed to discharge their burden of proof, the learned Tribunal rightly passed the impugned order.