ABDUL RAHMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M.H Mazarbhuiyan, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned CGC appearing for the Union of India and Mr. A. Kalita, learned Govt. Advocate appearing for the State respondents No.2 to 5.

(2.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner has assailed the opinion dated 26.07.2017 rendered by the learned Member, Foreigners Tribunal - 5th Morigaon, in Case No. F.T.(C) 190/2016 (New)/ F.T.(C) 1502/2012 (Old) and I.M.(D.) T. Case No. 1/2000, declaring the petitioner to be a foreigner.

(3.) On receipt of reference from the Superintendent of Police (B), Morigaon, against 7 (seven) persons suspected to be illegal immigrants, IM(D)T Case No. 1/2000 dated 17.01.2000 was registered against (1) the petitioner, (2) Musstt. Jamila Khatun, (3) Saidul Islam, (4) Jamir Uddin, (5) Sanbanu, (6) Bimala Khatun, and (7) Musstt. Sukurjan, alleging therein that there is no evidence that Abdul Rahman had entered into India before 25.03.1971. The said case was re-registered before the Foreigners Tribunal-5th, Morigaon as Case No. F.T.(C) 1502/2012 and again renumbered as F.T.(C) 190/2016. In connection with the said proceeding, the petitioner had filed his written statement on 17.08.2016 and additional written statement on 03.03.2017. The petitioner had examined 3 (three) witnesses, i.e. himself as DW-1, Saidul Islam @ Saidur Islam as DW-2 and Md. Habibur Rahman as DW-3. The State did not examine any witnesses.