NUR SEIKH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. K. Bhuyan, the learned counsel appearing for the Petitioner. Also heard Ms. A. Gayan, learned CGC, as well as Mr. H. Kuli, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel for the Election Commission of India. Mr. P. Sarma, learned Addl. Sr. Govt. Advocate, Assam and Mr. G. Sarma, learned Standing Counsel, FT and Border matters.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the Petitioner has assailed the Opinion dtd. 13/12/2018 rendered by the learned Foreigners' Tribunal (hereinafter referred to as the 'learned Tribunal'), Kamrup (M) 3rd, Guwahati, whereby the Petitioner, namely, Nur Md. Sheikh was declared as a foreigner under Sec. 2 (a) of the Foreigners Act, 1946.

(3.) On receipt of a reference, vide Noonmati P.S. Case No.33/2017, from the Deputy Commissioner of Police (B), Guwahati, for Opinion about the nationality of the aforesaid Petitioner, the learned Foreigners' Tribunal, Kamrup (M) 3rd, Guwahati registered F.T. Case No. 71/2017. On receipt of the notice, the Petitioner appeared before the learned Tribunal and submitted his written statement. The Petitioner also adduced evidence on affidavit of himself as DW No.1, evidence of one Rahman Ali, claimed to be the father of the Petitioner as DW No.2 and one Md. Rahizuddin Bepari as DW No. 3.