BILLAT ALI @ MD. BILLAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S.A Ahmed, learned counsel for the petitioner. Also heard Mr. A Ali, learned counsel for the Election Commission of India, Mr. UK Nair, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border matters, Ms. A Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

(2.) The petitioner was referred by the Superintendent of Police to the Illegal Migrants Determination Tribunal, Barpeta, resulting in IM(D)T Case No.1275/2004. Upon the Illegal Migrants (Determination by Tribunal) Act of 1983 being declared ultra-vires, the reference case registered against the petitioner was transferred to the Foreigners Tribunal No.9 at Barpeta and was renumbered as FT.9th (BPT) Case No.193/2015.

(3.) The petitioner appeared before the Tribunal and submitted his written statement, wherein a stand was taken that the petitioner is known by two names i.e. A. Billat Ali and Billal Ali. It was also stated that the good name of his father was Amuz, while some people called him Amod Ali, Ahammad Ali, Karim Ali and Abdul Karim, which were his nick names. It was also stated that the name of the mother of the petitioner is Jamila Khatun. A stand was also taken that although the name of the father of the petitioner is Amuz, but in the NRC of 1951, it appears as Amud Ali instead of Amuz. It was also stated that the grandfather of the petitioner is Subed Ali, whose name appeared in the voters list of 1961 bearing Sl No.98, House No.121 at village Khairabari, Mauza- Gobardhana, Thana-Sorbhog, District- the then Kamrup as well as in the amended/additional voters list of 1971 of village Khairabari. It was further stated that the name of the father of the petitioner also appeared in the amended/additional voters list of 1971, wherein also his name was stated as Amuz.