JONGSHER ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. H. Ali, learned counsel for the petitioner as well as Mr. A. Kalita, learned counsel representing respondent nos. 3, 5 and 6. Also heard Mr. A.I. Ali, learned counsel representing respondent no.2 and Ms. U. Das, learned counsel representing respondent no.4. None, however, appears for respondent no.1.

(2.) The petitioner assails the order/opinion dated 31.10.2018 passed by the Foreigners Tribunal No.2, Kamrup (Rural) at Boko in B.F.T. Case No.11/2018 (F.T. Case No. 173/2017), declaring the petitioner to be a foreigner on his failure to establish his status of citizenship under the provisions of Section 6A of the Citizenship Act, 1955.

(3.) The primary issue for determination is as to whether the petitioner, Md. Jongsher Ali succeeded to establish his linkage with his projected father or his projected mother. The Tribunal has held that the identity of the father of the petitioner could not be ascertained and therefore, the linkage between the father of the petitioner and the petitioner could not be established and, thus, the petitioner had failed to prove his nationality.