JAHANUDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Ali, learned counsel for the petitioner. We have also heard Mr. A. Kalita, learned Standing Counsel, Foreigner's Tribunal appearing for the respondent nos. 2, 3 and 4 and Ms. G. Hazarika, learned CGC, appearing for the respondent no.1.

(2.) By filing this writ petition, the order dated 30/11/2016 passed by the learned Member, Foreigner's Tribunal No.1, Dhubri, Assam in connection with FT Case No. 3803/D/11 (Reference 'D' voter case No. 1746/D/07) has been put under challenge.

(3.) By the impugned order dated 30/11/2016, the learned tribunal has answered the reference against the petitioner and declared him as a foreigner of the post 1971 stream. The learned Tribunal has held that the petitioner has failed to adduce evidence to prove his citizenship. By the judgement and order dated 29/11/2016 passed by the Foreigner's Tribunal in case No. 3802/D/2011, corresponding to "D" voter case No. 1745, the father of the petitioner, viz. Nur Mohammad Sk. has already been declared a foreigner. Taking note of the facts and circumstances of the case, the learned Tribunal has rendered its opinion against the proceedee.