KURPAN ALI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 29.08.2013 of the learned Member, Foreigners Tribunal (III), Barpeta, Assam passed in FT Case No. 150(III)/2011 (Ref IM(D)T Case No. 7155/B/98) (State of Assam v. Kurpan Ali). By the said order, the teamed Tribunal has declared the petitioner to be a foreign national, who illegally migrated into Assam after the cut -off date i.e. 25.03.1971. I have heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. B.J. Ghosh, learned State Counsel and so also Ms. G Sarma, learned counsel holding for Mr. S.C. Keyal, learned ASGI. I have also perused the entire materials on record including the records received from the Tribunal. As discussed in the impugned judgment, the petitioner, in the written statement, without naming his father, simply stated that his father's name appeared in the voter list of 1966. He also did not name his mother. He only stated that his father's name appeared not only in the 1966 voter list but also in the voter lists of 1970 and 1997. He further stated that on attaining majority, his name also appeared in the voter list of 1989. In the affidavit filed in support of the written statement he named his father as late Sadan Sali. However, the learned Tribunal has held that Sali is a typing mistake and it should be read as Ali.

(2.) AFTER filing of the written statement, the petitioner filed an affidavit sworn before the Notary Public stating therein that his father's name appeared in the voter lists of 1966, 1970, 1989 and 1997. By the said affidavit sworn on 09.04.2013, during the proceeding before the Tribunal, the petitioner made a declaration that in the voter list of 1966 and 1970, his father's name was correctly recorded as Sadan Mia and so also correctly recorded his age as 33 years and 37 years respectively. According to the said affidavit, in the 1989 voter list, his father's name was wrongly recorded as Sadan Ali instead of Sadan Mia and so also his age was wrongly recorded as 45 years instead of 55 years. He went on to declare that in the voter list of 1997 also, name of his father was recorded as Sadan Ali and age as 74 years instead of 63 years.

(3.) AS recorded in the impugned judgment, nowhere in the written statement, the petitioner specifically stated the name of his father. There is also no mention in the written statement that his father's name appeared in the voter list of 1989. The petitioner wanted to project that his father's name and age were wrongly recorded in Ext. 3 and 4 voter lists and that Sadhan Mia and Saden Ali is one and the same person. It has been rightly held by the Tribunal that had the petitioner's father's name been Sadan Mia, he would have definitely written his father's name as such in the affidavit filed in support of the written statement and not as Sadan Ali. Coupled with this, in the linkage certificate (Ext. 5) issued by the Gaonbura, the petitioner has been identified as Kurpan Ali son of Sadan Mia.