RAHIM ALI @ RAHIMUDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. H. R. A. Choudhury, learned senior counsel for the appellant, Ms.G. Sarma, learned Central Govt. Counsel and Mr. R.Dhar, learned Govt. Advocate, Assam.

(2.) This appeal is directed against the impugned judgment and order dated 25.8.2015 passed by the learned Single Judge in W.P. (C)No.4071/2013, whereby the learned Single Judge upheld the order dated 28.6.13 passed by the learned Foreigners Tribunal-III, Barpeta in FT Case No.04(III))/2013 (Ref.IMDT Case no.1595/01 (State Vs. Rahim Ali @ Rahimuddin), by the aforesaid order the appellant has been declared to be a foreigner of post 25.3.1971 stream.

(3.) The Superintendent of Police (B) Barpeta doubting the citizenship of the appellant made a reference to Foreigners Tribunal-III, Barpeta and accordinlgy FT Case No.04 (III))/2013 (Ref. IMDT Case No. 1595/01) was registered against him and the learned Tribunal served a notice upon the appellant to appear before the Tribunal to prove his Indian nationality. In response to the notice he appeared before the Tribunal and filed written statement supported by an affidavit enclosing all the relevant documents as well as adduce evidence and exhibited certain documents to prove his citizenship. But the learned Tribunal finally declared the appellant as a foreign national of post 25.3.20171 stream by its order dated 28.6.2013. Thereafter the appellant filed a writ petition before this Hon'ble Court being WP (C) No.4071/ 2013 challenging the aforesaid order of the learned Tribunal, which was dismissed by the learned Single Judge by his impugned judgment and order dated 25.8.2015.