HAREJ ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. M.R. Adhi-kari, learned CGC; Mr. A.I. Ali, learned stan-ding counsel for the ECI; Mr. G. Sharma, learned standing counsel for the FT matters and NRC; and Mr. H.K. Hazarika, learned Junior Govt. Advocate for respondent.

(2.) This review petition has been filed to assail the order dtd. 15/11/2019, passed by this Court in WP(C) 4759/2019. By the said order, this Court had dismissed the writ petition and thereby refused to interfere with the opinion dtd. 31/5/2019, passed by the learned Member, Foreigners Tribunal Kamrup (M) 2nd, in F.T. Case No. 1552/2015, by which the petitioner was declared to be a foreigner of post 25/3/1971 stream.

(3.) The learned counsel for the petitioner has submitted that in the proceedings before the learned Foreigners Tribunal, the petitioner had exhibited 9 (nine) documents, viz., voters list of 1965 (Ext.A), voters list of 1966 (Ext. B), voters list of 1970 (Ext. C), voters list of 1993 (Ext. D), voters list of 1997 (Ext. E), voters list of 2014 (Ext. F), school certificate dtd. 11/6/2012 (Ext. G), socio-economic and caste census-2011 acknowledgement slip of Basir Ali (Ext. H), Gaonburah's certificate dtd. 25/1/2019 (Ext.I). It is submitted that the name of the petitioner is Harej Ali who is a daily wage earner and he had stated that his father name is Late Basir Ali. However, the learned Tribunal on finding some discrepancy in the age and spelling of the name of persons whose names appear in the voters lists, held that from the voters' lists of 1965, 1966 and 1970, it cannot be ascertained that person named as Basir Ali is the same person named as Basir projected father of Harej Ali/ Haraj Ali, the voter in the voters lists of 1993, 1997 and 2014 and therefore, rejected the entire evidence in the absence of continuous existence in Indian soil.