MD. FAZAR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in the writ petition is the judgment and order dated 6th September, 2012 of the Foreigners Tribunal (2nd), Morigaon, Assam passed in Case No.F.T.(C) 101/2009 [IM(D)T Case No.50/2004 dated 17th January, 2004] (State of Assam v. Md. Fazar Ali), by which the petitioner has been declared to be a foreigner of post 25th March, 1971 stream.

(2.) Admittedly, in the proceeding before the Tribunal, the petitioner did not adduce any evidence and thus failed to discharge the burden of proof as envisaged under Section 9 of the Foreigners, Act, 1946, about which detail discussions have been made in Sarbananda Sonowal v. Union of India and Ors. reported in AIR 2005 SC 2920.

(3.) I have heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. A. Matin, learned counsel for the petitioner and Ms. G. Sarma, learned counsel appearing on behalf of Mr. S.C. Keyal, learned Assistant Solicitor General of India. Also heard Mr. Sk. Nur Mohammad, learned State counsel and so also Mr. P. Hazarika, learned standing counsel, Health Department.