JIBAN ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. Ali, learned counsel for the petitioner. Also heard Ms. K. Phukan, learned CGC for the Union of India; Mr. N. Kalita, learned counsel, appearing on behalf of Mr. A.I. Ali, learned standing counsel for the Election Commission of India; Mr. G. Sarma, learned standing counsel for FT, Border mater and NRC; and Mr. P. Sarmah, learned Addl. Senior Govt. advocate.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Jiban Ali, has challenged the opinion dtd. 11/3/2021, passed by the learned Member, Foreigners Tribunal- 5 th, Darrang, Mangaldai, in Case No. F.T.(V)1661/2016, thereby declaring him to be an illegal migrant/ foreigner of the stream of post 25/3/1971.

(3.) In brief, the case of the petitioner is that on receipt of notice from the Foreigners Tribunal, he had filed his written statement on 3/3/2020, but did not adduce any evidence and therefore, the proceeding against the petitioner was decided ex parte. Thereafter, on an application made by the petitioner, the ex parte opinion was vacated. Accordingly, on 17/2/2021, the petitioner had examined himself as DW-1 and he had also examined his projected aunt, namely, Johura Khatun as DW-2.