MD. REHAT ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Syed B. Rahman, learned counsel for the petitioner and Mr. J. Payeng, learned counsel for the respondent Nos. 2 to 4. None appears for respondent No. 1.

(2.) In the instant writ petition, the petitioner has assailed the order/opinion dated 29.12.2015 passed by the Foreigners Tribunal No. 4, Kamrup (R) at Hajo, in H.FT Case No. 29/2015, declaring the petitioner to be a foreigner with the finding that the petitioner had failed to discharge his burden of proof, as prescribed under Section 9 of the Foreigners Act, 1946.

(3.) In the year 2002, a reference was made by the Superintendent of Police (Border), Kamrup against the petitioner under the IMDT Act, vide IMDT Enquiry No. 257/2002 for opinion to the Tribunal. After declaration of the IMDT Act as unconstitutional by the Supreme Court in Sarbananda Sonowal vs. Union of India, (2005) 5 SCC 665, the reference was re-registered under the Foreigners Act, 1946 read with Foreigners (Tribunals) Order, 1964, as amended, as H.FT Case No. 29/2015. Accordingly, the Tribunal issued notice and on receipt thereof, the petitioner duly entered appearance and contested the proceeding by filing his written statement and adducing evidence including documentary evidence to substantiate his claim of citizenship. The Tribunal, however, had answered the reference in the affirmative and against the petitioner. The Tribunal had further directed to detain the petitioner in the detention camp in accordance with law and to delete his name from the voter lists.