SHAHA ALI @ SAHA ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B. Sarkar, learned counsel for the petitioner as well as Ms. G. Sarmah, learned counsel for respondent No. 1; Mr. J. Payeng, learned counsel for respondent Nos. 2 to 4.

(2.) By this petition, under Article 226 of the Constitution of India, the writ petitioner seeks to challenge the order dated 05.06.2017 passed by the Foreigners Tribunal, Chirang, in Case No. FT/CHR/08/16, whereby the writ petitioner/opposite party has been held to be an illegal migrant of post 25.03.1971 stream.

(3.) The proceeding against the writ petitioner/opposite party was initiated on a reference made by the Superintendent of Police (B), Chirang, under Foreigners' Act, 1946. Accordingly, a notice was issued to the writ petitioner/opposite party and on receipt of the notice, the writ petitioner/opposite party filed his written statement, wherein it has been stated inter-alia; that he is the permanent inhabitant of village Satipur, PO&PS Dhaligaon, District Chirang, Assam; and a citizen of India and that his grandfather Late Soyed Ali's name is recorded in the voter list of 1965 and 1970; and that his father Samad Ali's name is recorded in the voter list of 1989 together with the name of his grandfather Soyed Ali.