AZAHAR HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. FU Barbhuiya, learned counsel for the petitioner as well as Ms. G Sarma, learned counsel representing the respondent no. 1; Mr. A Kalita, learned counsel for the representing the respondent nos. 2, 4, 6 and 7; Mr. AI Ali, learned counsel representing the respondent no. 3 and Ms. U Das, learned counsel representing the respondent no. 5.

(2.) The petitioner was referred by the Superintendent of Police (Border), Nagaon resulting in IM(D)T Reference Case No. 451/2004 before the Illegal Migrants (Determination) Tribunal, Nagaon. Subsequently on the Illegal Migrants (Determination) Act being declared ultra vires, the reference made against the petitioner was transferred to the Foreigners' Tribunal No. 2, Nagaon and was renumbered as F.T. Case No. 1012/2011.

(3.) In the proceeding before the tribunal, the petitioner relies upon the voters' lists of 1966 and 1970 which contain the name of Nawaz Ali, son of Jinnat Ali and claims that Nawaz Ali is the grandfather of the petitioner. The petitioner also relies upon the voters' lists of 1997, 2005 and 2010 which contain the name of Abdul Jabbar who according to the petitioner is his father. There is also a deposition of Abdul Jabbar as DW 2 stating that the petitioner is his son. The tribunal in its order dated 20.08.2018 held as follows:-