AMIR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. J Ahmed, learned counsel for the petitioner. 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.) On being referred by the Superintendent of Police (Border), Guwahati, FT Case No. 329 of 2017 was registered against the petitioner before the Foreigners' Tribunal No.2, Kamrup (M), Guwahati. In the written statement, a stand has been taken that the name of his grandfather Tokimuddin, son of Katha Munshi appears in the voter list of 1966 of villageDekachang, Mouza-Sontoli of the undivided Kamrup district. A further stand was taken that the name of his father also appeared in the voter list of 1970 of village-Dekachang.

(3.) Before the Tribunal, the petitioner exhibited the voter list of 1966 of village-Dekachan, Mouza-Sontoli, PS Boko wherein at serial No. 123 appears the name of Tokimuddin, son of Katha Munshi, aged 70 years. In the voter list of 1970 of village-Dekachang the name of Jabbar Ali appears at serial 147 showing him to be son of Tokimuddin, aged 32 years. It is taken note of that the house number of Tokimuddin both in the voter list of 1966 and in the voter list of 1970 is house No.40. The voter list of 1975 so exhibited in respect of village Dekachang also shows the name of Tokimudin, aged 79 years in respect of House No.40 as well as the name of Jabbar Ali, son of Tokimuddin in respect of house No.40.