THAKURMANI NAMASUDRA Vs. UNION OF INDIA.

JUDGEMENT

(1.) Heard Mr. G.P. Bhowmik, learned Senior Counsel for the petitioner as well as Mr. U.K. Nair, learned Senior Counsel representing respondent nos.2, 3 and 4. None appears for respondent no.1.

(2.) Petitioner assails order/opinion dated 17.05.1989 passed by the Foreigners’ Tribunal, Dibrugarh in F.T. Case No.80/89, declaring him to be a foreigner under the Foreigners Act, 1946 read with Section 6 of the Citizenship Act, 1955, as amended.

(3.) The petitioner had contested the case identifying himself as the son of late Golak Ram Namasudra of village Rongmala, P.S. Chabua, in the district of Dibrugarh. Before the Tribunal, 2(two) witnesses were examined, including himself, and one document i.e. Caste Certificate dated 03.11.1966, in the name of Golak Ram Namasudra, issued from the office of the Deputy Commissioner, Lakhimpur, Dibrugarh (as it then was), was produced and exhibited. The Tribunal recorded that the document so produced was issued after 01.01.1966 and also the witness, being the younger brother of the petitioner, could not say whether the petitioner came from East Pakistan after 1st January or before 1st January, 1966. On these factors, opinion was rendered declaring the petitioner to be a foreigner.