BASSU ALI @ BASSU SK. Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed under 226 of the Constitution of India praying for setting aside the order passed by the Foreigners Tribunal in FTC case No. 5265/12 dated 8.12.2015 whereby the petitioner has been declared as illegal migrant of post 1971 stream, from Bangladesh.

(2.) WE have heard Mr. MU Mahmud, learned counsel for the petitioner, Mr. S.C. Keyal, learned Asstt. S.G. of India and Mr. M. Bhagawati learned Govt. Advocate of Assam.

(3.) THE case of the petitioner which is necessary for disposal of the matter in hand in a nutshell is that the petitioner is a resident of Karbala ward No. 13 Goalpara district. Electoral registration officer at the time of preparation of the draft roll having doubt about the nationality and citizenship of the petitioner directed local verification and accordingly the local verification officer submitted a report raising doubt about the citizenship of the petitioner and the matter was accordingly referred to the IMDT, Goalpara for his opinion whether the petitioner is a doubtful illegal migrant or not. Thereafter on abolition of the IMDT the matter came up for disposal before the Foreigners Tribunal, Goalpara. Initially the said case was decided ex -parte on 4.12.2013. The request for setting aside the ex -parte order was dismissed by the Tribunal and the Hon'ble High Court being approached assailing the aforesaid order through WP(C) 827/2015, the said ex -parte order was vacated by this Court and remanded the case for fresh proceeding. Accordingly, the petitioner herein contested the case by filing written statement and also adduced evidence along with the documents to prove his citizenship.