SALAM DEWAN Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) This writ petition is directed against the judgment and order dated 20.12.2008, passed by the Foreigners Tribunal (II), Barpeta in FT (2nd Tribunal) case No. 429/2006 declaring the petitioner to be a foreigner (Bangaldeshi national) illegally entering into Assam after the cut-off-date i.e. 25.3.1971.

(2.) I have heard Mr. A.S. Choudhury, learned senior counsel assisted by Mr. M.H. Ahmed, learned Counsel appearing for the petitioner as well as Mr. H. Rahman, learned Standing Counsel, Union of India in the Home Ministry. I have also heard Ms. R. Chakraborty, learned Addl. Senior Govt. Advocate, Assam. I have also examined the records of the Tribunal.

(3.) The impugned judgment and order is ex parte as the petitioner did not respond to the proceeding before the Tribunal in-spite of service of notice. The Tribunal on the basis of the materials on. record has declared the petitioner to be a foreign national (Bangladeshi national) entering into Assam without any valid document, after the cut-off-date which is 25.3.1971. As per the evidence adduced by the State, during enquiry, which was conducted on 21.9.1997, the petitioner failed to furnish any relevant document in support of his Indian citizenship. The enquiry was conducted as per the direction of the Electoral Registration Officer for 47 No. Chenga Legislative Assembly Constituency. The report furnished by the Enquiry Officer was exhibited as Ext. 1. The Tribunal also perused the report furnished by the Local Verification Officer (LVO), who also conducted the enquiry. During enquiry, the petitioner failed to submit any relevant document.