JUBBAR ALI @ ABDUL JUBBAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. R. Choudhury, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Mr. M. Islam, learned counsel on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent.

(2.) The petitioner in this case is Jubbar Ali @ Abdul Jubbar who has filed his application, challenging the opinion dtd. 6/12/2018 passed by the learned Member, Foreigners Tribunal, Bongaigaon no. 2, Abhayapuri in connection with BNGN/FT-2/APR/124/2016 whereby and whereunder the petitioner was termed to be a foreigner/ illegal migrant of post 25/3/1971 stream.

(3.) It is submitted that on receipt of notice from the Tribunal, the petitioner filed his written reply with substantiating documents and contested the proceeding. He also adduced his evidence-in -affidavit as DW-1. It is contended that the Tribunal has not appreciated the evidence adduced by the petitioner. The Tribunal took note of negligible discrepancies with respect to the names and ages of the petitioner's father and grandfather. The Tribunal has ignored the fact that the names and ages of the electors are recorded by the electoral authority and incorrect recording of names and ages of electors are common. In addition, it is to be noted that the voters lists exhibited by the petitioner were translated copies from vernacular and thus are prone to incorrect recording of names and spellings and so the Tribunal in an apathetic manner discarded the evidence of the petitioner.