SAHJAHAN @ SWAHJAHAN S/O AMAN ULLAH Vs. UNION OF INDIA AND 5 ORS REP BY SECRETARY, MINISTRY OF HOME AFFAIRS

JUDGEMENT

(1.) Heard Mr. P.N. Sarma, learned counsel for the petitioner, Mr. A Ali, learned counsel for the Election Commission of India, Mr. J. Payeng, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border Affairs as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

(2.) On being referred by the Superintendent of Police, (Border), Sivsagar, Case No.FT/SVR-55/2015 was registered against the petitioner before the Foreigners Tribunal, Jorhat. Before the Tribunal, the petitioner appeared and filed his written statement. In the written statement, the petitioner took the stand that the name of his grandfather is Hazi Fazar Ali, whose name appears in the voters list of 1966 of village Goroimari, MouzaLaharighat, District-Magaon and that the name of his father is Aman Ullah, whose name also appears along with Fazar in the voters list of 1977 of village Goroimari. A further stand was taken that the name of the petitioner appears in the voters list of 2005 of village Laharipam, Mauza-Laharighat, District-Morigaon along with his father Aman Ullah.

(3.) The voters list of 1966 of village Goroimari is exhibited which contains the name of Hazi Fazar Ali son of Ujir Sekh, age 65 along with Jannab Ali son of Fazar Ali age 35 and Mantaj Ali son of Fazar Ali age 24. The voters list of 1977 of village Goroimari contains the name of Jannab Ali son of Fazar, age 46, Mantaj Ali son of Fazar age 47 and Aman Ullah son of Fazar age 30. The voters list of 1985 of village Goroimari contains the name of Amena Khatun, wife of Fazar Ali age 70 and Aman Ullah son of Fazar Ali age 39. The voters list of 2005 is of village Laharipam, which contains the name of Aman Ullah son of Fazar age 47 and Swhajahan son of Aman Ullah age 26. It is the claim of the petitioner that Swhajahan is the petitioner and as the name of his father Aman Ullah son of Fazar also appears in the voters list of 1977 along with Janab Ali son of Fazar, Mantaj Ali son of Fazar and the names of Janab Ali son of Fazar and Mantaj Ali son of Fazar appears along with Hazi Fazar Ali son of Ujir Sekh in the voters list of 1966 of village Goroimari, the link is established with Hazi Fazar Ali son of Ujir Sekh age 65 of the voters list of 1966 of village Goroimari.