AMINUR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Pursuant to the reference made by the Senior Superintendent of Police (Border), Kamrup (M), Guwahati, vide Case No. 635/2006, dt. 27/4/2007, expressing doubt about the nationality of the petitioner, a proceeding registered as F.T. Case No. FT(G-4) 784/2017, was instituted before the learned Member, Foreigners Tribunal 4th, Kamrup (M). The petitioner had contested the proceeding and in his evidence, the petitioner had exhibited as 8 (eight) documents. The documents exhibited are: - (i) Admit card issued by the Board of Secondary Education, Assam (Ext.1); NRC, 1951 (Ext.2); voters list of 1966 (Ext.3); Elector Photo Identity Card (EPIC for brevity) of Aminur Ali (Ext.4); EPIC of Khudu Sheikh (Ext.5); final khatian (Ext.6); periodic khiraj patta (Ext.7); and kecha patta (Ext.8).

(2.) The learned Tribunal, upon analyzing the pleadings made in the written statement and evidence adduced by the petitioner, vide the impugned opinion dtd. 27/4/2007, opined that the petitioner, namely, Md. Aminoor Islam as a foreigner who had entered into the State of Assam after 25/3/1971 and was liable to be deported. The said opinion dtd. 29/6/2018, passed by the learned Member, Foreigners Tribunal 4th, Kamrup (M) in F.T.Case No. FT(G-4) 784/17 was put to challenge before this Court by filing W.P.(C) 4876/2018. This Court, upon hearing the learned counsel for the appearing parties and on examining the evidence on record, dismissed the said writ petition vide order dtd. 4/12/2018.

(3.) Accordingly, by filing this review petition on 4/3/2020, under Chapter-X of the Gauhati High Court Rules, read with Sec. 114 and Order XLVII, Rule 1 of the CPC, the petitioner, namely, Aminur Ali @ Aminoor Islam, has prayed for review of the said order dtd. 4/12/2018, passed by the Division Bench of this Court in W.P.(C) 4876/2018.