ABDUL JALIL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. AI Uddin, learned counsel for the petitioners and Mr. J Payeng, learned Counsel appearing for the Foreigners' Tribunal and Border Areas. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Ms. A Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

(2.) The petitioners were referred by Superintendent of Police (Border) of Nagaon resulting in registration of FR Case No.1181 of 1988 before the Foreigners' Tribunal, Nagaon.

(3.) As the petitioners could not adduce evidence before the Tribunal, they were accordingly held by the order dated 13.11.1990 as persons who had entered into India between 01.01.1966 and 25.03.1971. It is stated that since such declaration by the order dated 13.11.1990, the petitioners had not registered before the Regional Foreigners Registration Officer. Although upon being declared to be persons, who came into the territory of India between 01.01.1966 and 25.03.1971, the petitioners are required to register themselves with the Regional Foreigners' Registration Office of the concerned district but as per Section 6A(3) of the Citizenship Act of 1955, they are also required to bring in evidence that they had continuously been residing in Assam since the date of their entry. In the order dated 13.11.1990, we do not find any such conclusion being arrived at.