RAFIQUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. MA Sheikh, learned counsel for the petitioner. Also heard Mr. M. Bhagabati, learned State counsel and Ms. G. Sarma, learned counsel appearing on behalf of Mr. S.C. Keyal, learned ASGI, for the respondents.

(2.) By means of this writ petition filed on 26.11.2015, petitioner has challenged the order dated 14.9.2009 passed by the Foreigners Tribunal (1st), Sonitpur, Tezpur in FT(D) Case No.252/2007 and Superintendent of Police (B), Sonitpur, Tezpur Case No.TZP.(B)/06/1190 dated 24.4.2006 (State of Assam v. Rafiqul Islam). By the said order passed ex-parte, the petitioner has been declared to be a foreigner. In the writ petition, the petitioner has urged the following grounds for non appearance;

(3.) The petitioner has also contended that his father was declared to be an Indian citizen by the same very Tribunal in another proceeding, namely, FT(D) Case No.253/2007 [SP(B) Case No.TZP(B)/06/1191] vide order dated 29th May, 2009. On perusal of the above order dated 29th May, 2009 passed by the Foreigners Tribunal, Sonitpur, Tezpur, it is found that the projected father of the petitioner, namely, Jabed Ali, was held to be not a foreigner primarily on the basis of the affidavit allegedly sworn by him before the Executive Magistrate on 17th November, 1993, by which he made a declaration that he had converted to Islam with effect from 4th August, 1975 changing his name as Jabed Ali in place of Khagen Keot. In the instant writ petition also, the petitioner said to be the son of said Jabed Ali @ Khagen Keot has placed reliance on the said affidavit of 1993 allegedly sworn before the Executive Magistrate, Tezpur on 17th November, 1993. On perusal of the said affidavit, we find that unlike other affidavits, there is no heading as to before whom the same was sworn in. Although the affidavit refers to an earlier affidavit purportedly sworn on 4th August, 1975 but on being asked the learned counsel for the petitioner could not produce the same. Significantly, the verification part of the affidavit depicts the date as 10th November, 1993 but the purported signature of the Magistrate contains the date as 17th November, 1993.