GANESH SHILL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. DP Borah, learned counsel for the petitioners. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Mr. J Payeng, learned counsel for the State of Assam appearing for the Foreigners' Tribunal and Border Areas, 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 petitioners were referred by the Superintendent of Police, Borders, Hojai for a determination as to whether they are foreigners, who had entered India from the erstwhile East Pakistan to Assam between 1966 to 1970 and since then have been residing in the village Lankeswari Grant, PS: Lanka. The petitioners appeared before the Tribunal and as per their written statement they had entered the territory of India prior to 1966.

(3.) Before the Tribunal, the SI of Police of Hojai Police Station had deposed that the petitioners came into India after 1966. The Headmaster of the concerned school also deposed before the Tribunal that the petitioners had taken admission in Class VI in the school, in question, in the year 1968 and since then he knew the petitioners. Based on the aforesaid material being produced, the Tribunal by its order dated 12.03.1992 had declared that the petitioners came to India from the erstwhile East Pakistan between the year 1966 and 25.03.1971.