LAWS(GAU)-2019-1-165

SAMSUL HOQUE Vs. UNION OF INDIA

Decided On January 09, 2019
SAMSUL HOQUE Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. N. Ahmed, the learned counsel for the petitioner. Also heard Mr. A. Kalita, the learned counsel for the Foreigners' Tribunal and Border Areas, Mr. A. I. Ali, the learned counsel for the Election Commission, Ms. U. Das, the learned counsel for NRC and Ms. G. Sarma, the learned Asstt. S.G.I.

(2.) Order/opinion dated 11.06.2018 passed by the Member, Foreigners' Tribunal 2nd, Nagaon in F.T. Case No.2040/2008 is under challenge in this writ petition. On reference by the Superintendent of Police (Border), Nagaon expressing doubt with respect to the citizenship of the present proceedee-petitioner and his entry into India after 25.03.1971, F.T. Case No. 2040/2008 was registered. On receipt of the notice, the petitioner entered appearance, filed his written statement and relied and exhibited various documents and adduced evidence of the petitioner as the DW-1 and his purported brother DW-2. The Tribunal after considering the evidence passed the impugned order/opinion thereby holding the petitioner to be a foreigner post 25.03.1971.

(3.) Mr. Ahmed submits that the finding and appreciation of the evidence on record by the Tribunal are not proper inasmuch as the name of the father of the petitioner is recorded in the voter lists of the year 1965 and 1970 under Dhing LAC. On the death of his father, the petitioner shifted to a place called Raja Ali and resided there permanently. The voter list of the year 1993, showing his name is also exhibited. The DW-3 is the Gaonbura who issued the certificate (Ext.5) certifying that the petitioner, son of Abdul Rasid of village Ramoni Pathar under mouza Garubat under P.S. Kachua in the District of Nagaon is a resident of the said village. Accordingly, Mr. Ahmed submits that the impugned order/ opinion requires interference by this Court owing to wrong appreciation of the evidence on record.