ABDUL GANI ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. HRA Choudhury, learned Senior Counsel for the petitioner as well as Ms. G. Hazarika, learned counsel representing respondent no.1. Mr. J. Payeng, learned counsel represents respondent nos.2, 3 and 6 whereas Ms. B. Das, learned counsel appears for respondent no.4. Ms. A. Verma, learned counsel appears for respondent no.5.

(2.) Petitioner assails order dated 30.04.2019 passed by the Foreigners' Tribunal - III, Barpeta in F.T. Case No.831(III) of 2013, declaring him to be a foreigner under section 2(a) of the Foreigners Act, 1946.

(3.) The petitioner stated that he was born and brought up at village Agdia Pathar and the name of his father was Nur Mahammad Miya and mother Fulchan Nessa, both names having appeared in the Exhibit-1 Voter List of 1966 pertaining to village Kaurpara, from where they shifted to village Agdia Pathar. It is stated that on shifting the names of the parents appeared in the Exhibit-2 Voter List of 1970 of village Agdia Pathar. To draw lineage from the projected parents, the petitioner placed reliance in the Exhibit-3 Voter List of 1989 of village Gahia Agdia, Part-89 and in the Exhibit-4 Voter List of 1997 of village Agdia Pathar, wherein his name is reflected as a voter alongside his projected father. Reliance is also placed on the oral evidence tendered by one Abdul Jalil Ali as DW-2, who stated that his father is Nuru Munchi and the petitioner is his younger brother. One Omar Ali also deposed as DW-3, claiming himself to be the maternal uncle of the petitioner.