MALEK OSTAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. D.K. Agarwala, learned counsel for the petitioner. Also heard Mr. M.R. Adhikari, learned CGC; Mr. G. Sharma, learned standing counsel for the FT and Border matters; Mr. M. Islam, learned counsel, appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate for the State respondent.

(2.) The petitioner in this case is Malek Ostar. His projected mother, namely, Mazeda Khatun is a declared foreign national vide opinion dtd. 15/7/2017, passed by the learned Member, Foreigners Tribunal 4th, Darrang, Mangaldai, in Case No. F.T. 4th 416/2015, arising out of S.P. Enquiry No. 176/2007, dtd. 30/5/2007.

(3.) It may be stated that in the Reference, which was answered vide opinion dtd. 15/7/2017, the name of the proceedee is spelt as Mazeda Khatoon, whereas in this writ petition and in W.P.(C) 3747/2019, her name is spelt as Mazeda Khatun. It may also be mentioned that the petitioner claims that Mazeda Khatun is his mother. However, no document has been filed in the writ petition to show that the mother of the petitioner is Mazeda Khatun. Therefore, though the Court does not disbelieve the statement of the petitioner, but in this order, the said proceedee, namely, Mazeda Khatun is being referred to as the "projected mother of the petitioner".