MD. JALALUDDIN Vs. THE UNION OF INDIA

JUDGEMENT

(1.) We have heard Mr. H.R. A. Choudhury, learned senior counsel assisted by Mr. A. Matin, learned counsel for the petitioners. Also heard Mr. M. Bhagabati, learned State Counsel and so also Ms. G. Sarma, learned counsel holding for Mr. S.C. Keyal, learned ASGI. We have also perused the entire materials on record along with the records received from the learned Tribunal.

(2.) This writ petition is directed against the order dated 10/03/2014 passed by the learned Member, Foreigners Tribunal (2nd), Morigaon, Assam in Case No. FT (C) 185/ 09 [ IM(D)T Case No. 757/ 02 dtd. 31/ 07/ 2002] (State of Assam Vs. Md. Jalaluddin & Ors). By the said order, the petitioners have been declared to be foreigners of post 25/03/1971.

(3.) Appearing in the Tribunal, the petitioner No.1 projected his father as Abdul Ali and placed reliance on the Ext. Ka to Ext. Ta, which include the voters' list of 1966 containing the name of Abdul Ali aged 40 years i.e. the projected father of the petitioner No. 1 ; another voters' list of 1966 containing the name of Sabed Ali Munshi aged 48 years, whom the petitioners projected as the father of petitioner NO. 2 ; voters' list of 1985 containing the names of the petitioners No. 1 and 2, aged 33 and 24 years ; voters' list of 2010 containing the names of the petitioners No. 1 & 2, aged 40 and 35 years along with the petitioner No. 3, aged 25 years. Other documents on which the petitioners placed reliance are residential certificates and school certificates of 2011 & 2008 including one Land Revenue Paying Receipt (undated).