NAZRUL ISLAM Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This writ petition is directed against the judgment and order dated 4.11.2013 of the Foreigners Tribunal (2nd), Morigaon passed in FT (D) Case No. 446/10 (Police Ref. Case No. 1490/98) (State of Assam v. Md. Najrul Islam). By the said judgment, discussing the evidence on record the learned Tribunal has declared the petitioner to be a foreigner of post 25.3.1971.

(2.) As recorded in the impugned judgment and order, the purported birth certificate (Ext-Ka) was obtained on 28.6.2012, after initiation of the proceeding. In the said birth certificate, purportedly issued by the Registrar, Birth & Death, Lahorighat PHC, the date of birth of the petitioner stood recorded as 31.12.1975. Dealing with the present proceeding, an order was passed on 26.8.2015 calling for a report in respect of the said birth certificate also annexed to the writ petition as Annexure-1. As recorded in the order dated 16.9.2015, the birth certificate shown issued by Lahorighat Health Centre on 28.6.2012 did not have the recommendation of the Deputy Commissioner, Morigaon. It will be pertinent to mention here that in the event of issuance of birth and death certificate after expiry of one year of the event, a specific recommendation of the jurisdictional Deputy Commission is required.

(3.) When the matter was taken up again on 21.9.2015, referring to the letter dated 16.9.2015 of the Deputy Commissioner, Morigaon, it was categorically recorded that the Annexure-1 birth certificate is product of forgery. Significantly, the Registrar of Birth & Death, Lahorighat PHC in his letter dated 16.9.2015 stated that the documents pertaining to issuance of certificates for the year 2011, 2012, 2013 and 2014 were all missing. Such a stand on the part of the said authority is totally unbelievable. Having regard to the seriousness of the matter, the SP(B), Morigaon and the O/C, Lahorighat Police Station were impleaded as respondents No. 7 and 8.