NOOR ALAM @ NUR ALOM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B. P. Sinha, the learned counsel for the petitioner. Also heard Mr. J. Payeng, the learned State Counsel for FT and Border Areas, Ms. G. Sarma, the learned counsel representing the Union of India and Mr. A. I. Ali, the learned Standing Counsel for the Election Commission of India.

(2.) In this writ petition the order dated 30.06.2017 of the Foreigners Tribunal, Nagaon Court No.10 at Sankardev Nagar, Hojai opining the petitioner as a foreigner post 25.03.1971 passed in FT (D) Case No.04/2015 is put under challenge.

(3.) On receipt of the notice from the Tribunal, the petitioner filed his written statement thereby claiming himself to be a bona fide Indian citizen by birth and a permanent resident of Doboka town, Ward No.5, P.S. Doboka, District Nagaon. The petitioner claimed his date of birth as 22.12.1981 and to that effect a birth certificate purportedly issued by the Registrar, Birth and Death, Lanka, Nagaon, Assam bearing serial No.0235737 is relied as Exhibit-1. The name of the father is Late Basu Miya @ Bosu Miya son of Roshan Ali and the name of the mother is Rahima Khatun. The parents are permanently residing at Village- Sutargaon under P.S. and Mouza- Jamunamukh in the District of Nagaon and to that effect relied Exhibit-2 the voter list of 1966 showing the name of the parents of the petitioner. Similarly, the petitioner relied the voter lists of 1970, 1977 as Exhibits- 3, 5(1) respectively. Exhibit-6 is the voter list of the year 2005 showing the name of the petitioner as son of Basu Miya of Village- Sutargaon Ward No.3 under P.S. Doboka. The father of the petitioner died in the year 1993 and the mother died in the year 1987 at Village- Sutargaon under P.S. Jamunamukh.