ABDUL KADIR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.R. Sikdar, learned counsel for the petitioners. Also heard Ms. P. Phukan, learned CGC for the Union of India; Ms. P. Barua, learned standing counsel for the Election Commission of India; Mr. Mr. G. Sarma, learned standing counsel for the FT Matters and N.R.C.; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioners have assailed the opinion dtd. 21/9/2017, passed by the learned Member, Foreigners Tribunal No. 5th, Morigaon, in Case No. FT (C) 192/2016 (New) [corresponding to F.T.(C) 1286/2012 (Old), arising out of IM(D)T Case No. 353/1999]. By the said opinion, the petitioners were declared to be foreigners of after 25/3/1971.

(3.) In brief, the case of the petitioners is that upon service of notice, the petitioner no. 1, namely, Abdul Kadir had entered appearance before the learned Tribunal and filed his written statement and contested the proceeding by denying that the petitioners were foreigners and claimed that all were Indian citizens. The petitioner no. 1 had stated that the investigating officer had registered a case against them without conducting proper investigation to harass the petitioners. In respect of the petitioner no. 1, it was stated that he was born and brought up in village- Solmari, under PS and District- Morigaon and his name appeared in the voter list of 1989, 1997, 2005 and the name of his partners also appeared in the NRC of 1951. It was stated that the parents of the petitioner no. 1 had expired when he was a child and their names did not appear in the voter list of 1965 and 1971 and the petitioner no. 1 lived with his maternal uncle and his name was entered in the voter list after he had attained the age of majority. The petitioner no. 1 had also given brief details about the petitioner nos. 2 to 5 in his written statement.