SAFIQUR RAHMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. Matin, learned counsel for the petitioner, Mr. M. Bhagawati, learned Govt. Advocate, Assam and Ms. G. Sharma, learned counsel for the Central Government.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 09.03.2016 passed by the learned Member, Foreigners Tribunal, Nagaon, Court No.10 at Dabaka in FT(D) Case No.339/2015 declaring the petitioner to be a foreigner having illegally entered into India (Assam) after 25.03.1971.

(3.) It is seen that on a reference made by the then Superintendent of Police (Border), Nagaon, under the provisions of the Foreigners Act, 1946 with the allegation that petitioner is a foreigner having illegally entered into India (Assam) after 25.03.1971, FT(D) Case No.339/2015 was registered in the Foreigners Tribunal, Nagaon, Court No.10 at Dabaka. Notice issued by the Tribunal was served upon the petitioner whereafter he had entered appearance before the Tribunal and filed written statement contending that he was not a foreigner as alleged but an Indian citizen by birth. In the course of the proceeding, petitioner gave evidence as DW-1 and exhibited as many as 10 documents. Learned Member considered the evidence adduced but declined to accept the version of the petitioner. The documents exhibited were found to be without any credibility and accordingly not accepted. Consequently, declaration was made that petitioner is a foreigner of post 25.03.1971 stream who had illegally entered into India (Assam) without any valid document.