ANOWAR HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S.B. Rahman, learned counsel for the petitioner, Mr. G. Hazarika, learned CGC appearing for respondent No.1, Ms. A. Borgohain, Advocate, SC for Election Commission, Mr. J. Payeng, learned Govt. advocate representing respondents No.3 to 5 and Ms. A. Verma, SC for respondent No.6.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the opinion dated 25.02.2019 passed by the learned Foreigners Tribunal- 10th, Barpeta, Assam in F.T. Case No. 749/2017, declaring him to be a foreigner entering into Assam from the specified territory after 25.03.1971.

(3.) The petitioner has projected in his written statement that one Husen Ali is his grand-father and Mamiran Nessa is his grand-mother. Danej Ali is his father and Sabura Khatun is his mother. It is projected that his father had three brothers, namely, (i) Idrif Ali, (ii) Bahadur Ali, (iii) Delwar Hussain. The petitioner has five brothers and two sisters, namely, (i) Sukur Ali, (ii) Sabur Uddin Ali, (iii) Sabder Ali, (iv) Shahjahan Ali, (v) Saheb Ali, (vi) Maleka Khatun, and (vii) Majda Khatun. It is projected that the names of the petitioner s grandparents appeared in the voters list of 1966 and 1970 of Village- Srirampur, Mouza- Rupshi, under the then Kamrup District in respect of 51 No. Jania LAC. It is projected that the name of the father of the petitioner appeared in voters list of 1985 along with Bahadur Ali, his brother. It is further projected that along with his family, the father of the petitioner had shifted from Village- Srirampur to Village- Galia in the year 1986 and that the name of his parents and other family members appeared in the voters list of 1989 and 1997. In support of his case, the petitioner had also relied on the copy of jamabandi of landed property and a certificate issued by the Gaonbura of Galia Village. As per the written statement, the age of the petitioner is 41 years.