(1.) This application under Sec. 226 of the Constitution of India read withArticle 227 has been filed challenging the order dt. 26/9/2016 passed by the learned Foreigners' Tribunal Bongaigaon No. 2, Abhayapuri in connection with Case No. BNGN/F.T.Case No. 3189/2007 arising out of F.T. Reference Case No. : FT 362/2007.
(2.) Md. Jafar Ali @ Zafar Ali will hereinafter be referred to as the petitioner.The Union of India, the Election Commission of India, the State of Assam, represented by the Commissioner and Secretary to the Government of Assam, Home Department, the District Commissioner-Bongaigaon, the Superintendent of Police (B)-Bongaigaon[SP(B)in short], the Co-ordinator, National Register of Citizens, Bhangaghar, Guwahati, are arrayed as respo-ndent Nos. 1, 2, 3, 4, 5 and 6 respectively.
(3.) It is submitted that despite the fact that the petitioner's father and uncle being citizens of India, the petitioner was declared a foreigner, who entered into India from Bang-ladesh illegally after 25/3/1971. His father and uncle had contested a proceeding initiated by the IM(D)T, Goalpara and an order dtd. 12/3/2001 was passed and the petitioner's father and uncle were held to be Indian citizens. The petitioner is an Indian citizen by birth. It is submitted that a reference was forwarded by the SP(B), Bongaigaon, doubting the nationality of the petitioner. It is submitted that it has been alleged through the enquiry report that the address in the country of origin of the petitioner is shown as :