MARFAT ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Z. Hammad, learned counsel for the petitioner as well as Mr. J. Payeng, learned counsel representing respondent nos. 2, 5 to 6. Also heard Ms. U.Das, learned counsel representing respondent no. 3 and Ms. B. Das, learned counsel for the respondent no. 4. None, however, appears for respondent no. 1.

(2.) The petitioner assails the order/opinion dated 30.01.2017 passed by the Foreigners Tribunal - 5th, Morigaon in Case No. F.T.(D)89/2015 (New Number)/F.T.(D)1038/2012 (Old Number), declaring the petitioner to be a foreigner of post 25.03.1971 stream, having illegally entered into the territory of India from the specified territory without any valid document.

(3.) The primary issue for determination is as to whether the petitioner, Marfat Ali, succeeded to establish his linkage with his projected parents, Rajab Ali and Maleka Khatun. The Tribunal had held that the petitioner as the proceedee, could not produce any Voters List to the satisfaction of the Tribunal in respect of his linkage with the projected parents and, thus, the petitioner had failed to prove his Indian nationality.