HATEM ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. D.J. Das, learned CGC; Mr. J. Payeng, learned standing counsel for FT and Border matters; Mr. A.I. Ali, Advocate, learned standing counsel for Election Commission of India; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate representing respondent no.4.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Hatem Ali, has challenged the opinion dtd. 28/8/2020, passed by the learned Member, Foreigners Tribunal No.5th, Morigaon, Assam, in No. M.F.T.(J).2020/1876 [Case No. F.T.(D)1847/2017 (New number) [F.T.(D) 476/2010 (Old Number)], arising out of D/N Case No. 1405/98 dtd. 20/6/98, thereby declaring him to be a foreigner, who had entered into Assam on or after 25/3/1971.

(3.) In his written statement the petitioner has stated that there is no cause of action to continue with the case against him; the Election Commission had baselessly and without reasonable ground marked 'D' in the electoral roll of 1997 and since then he has been deprived of franchise. It has been stated that he was falsely made 'D' voter upon a false, baseless and fabricated verification report and the instant proceeding has been drawn against him. It was stated that the verification officer had never visited the house of the petitioner nor asked/informed him to produce documents regarding citizenship before him and that the columns of the verification report has not been properly filled up and the ERO's reference is not true as it is based on false report of Verification Officer. He had stated that he was born on 1/10/1968 as per his Income Tax PAN Card. He did not go to school and as such he does not have a school certificate and he was not provided with a birth certificate. He is the son of Umed Ali and Raiman Nessa @ Sahuran Nessa and was born and brought up at village- Sonar-igaon, Mouza- Moirabari, present P.S. Bhe-lowguri in the district of Morigaon. His father was also born and brought up in village- Sonarigaon and his name was entered in NRC of 1951, under Sonarigaon, then under Laharighat P.S., and his name was enrolled in the voter list of 1965 and 1970. The name of his grandfather is Babujan @ Babujan Sheikh. His father had landed property, whose name was recorded in the Draft Chitha in the year 1968-69, at village- Sonarigaon. His father has four sons and two daughters, namely, Asmat Ali, Hasmat Ali, Hatem Ali, Isab Ali, Khudeja Khatun and Manikjan, out of which Asmat Ali and Hasmat Ali had already died. Thereafter, in the year 1988-89, the petitioner and his family had lost everything i.e. land and house in the erosion of river Brahmaputra and they became landless and houseless for which they could not inherit their father's land and presently, they were living in a miserable condition at Mathouri, in Solmari village. The petitioner had stated that he does not know how his name was marked as 'D' voter and because of the said mark, his right of franchise has been curtailed.