ALIMUDDAIN ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. D.P. Chaliha, learned senior counsel, assisted by Mr. M. Rana, learned counsel for the petitioner. Also heard Ms. M. Das, learned counsel, appearing on behalf of Mr. S.K. Medhi, learned CGC for respondent no.1; Mr. G. Sarma, learned standing counsel for the FT, Border matters and NRC for respondent nos. 2, 4 and 6; Mr. H.K. Hazarika, learned Govt. Advocate for respondent no.3 and Ms. P. Baruah, learned standing counsel for respondent no.5. It may be stated that the names of respondent nos. 7 and 8 were struck off vide order dtd. 25/6/2025.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Alimuddin Ali, has assailed the opinion dtd. 30/9/2021, passed by the learned Member, Foreigners Tribunal No.2, Kamrup at Boko in B.F.T. Case No. 1989/2016 [arising out of F.T. Case No. 76/08], by which the reference was answered in favour of the State and against the petitioner, thereby declaring him to be a foreigner of post 25/3/1971 stream.

(3.) The hereinbefore referred case was registered upon reference made by the Superintendent of Police (Border), Kamrup (Rural), Boko [now Kamrup District]. Upon receipt of notice of the proceeding, the petitioner had submitted his written statement on 29/1/2020. His defence is that he and his father, Late Karam Ali were born and brought-up at Village- Kachumara NC, P.S. Kachu-mara in Kamrup District [now District Barpeta] and his mother is Late Kulson Nessa and grandfather is Late Piyar and Haidar Ali is his paternal uncle. His father had died in the year 1979 and his mother had died in the year 2016. He has 3 (three) brothers and 5 (five) sisters, namely, Chalimuddin,Surjya-bhanu, Sahitan, Ambiya, Joynub, Alimuddin Ali (himself), Firoja and Kumuruddin and he has 2 (two) sons and 3 (three) daughters, namely, Hamida Begum, Hamela Khatun, Halima Khatun, Saddam Hussain and Saiful Islam. He had referred to the names appearing in the voters lists of 1966, 1970, 1989, 1997, 2005, 2010, 2013, 2018, EPIC of his mother and himself, PAN Card and Gaonburah's certificate.