KITFOR RAHMAN Vs. UNION OF INDIA.

JUDGEMENT

(1.) Heard Mr. AR Sikdar, learned counsel for the petitioner, Mr. A Ali, learned counsel for the Election Commission of India, Mr. UK Nair, learned senior counsel for the State of Assam appearing for the Foreigners Tribunal and Border Affairs, 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.) On being referred by the Superintendent of Police (Border), Sivsagar, case No.FT/SVR/48/2014 was registered against the petitioner in the Foreigners Tribunal, Jorhat.

(3.) The petitioner appeared before the Tribunal and filed his written statement. In the written statement, the petitioner took a stand that Junabali Munchi @ Haji Junab Ali @ Jonab son of Sadek is his grandfather and Posiron Bibi is his grandmother and that Ali Ahmed @ Ahmed Ali Sheikh is his father. A further stand was taken that in the voters list of 1966 of village No.155 Kheraj Daobhangi, Sub-Division-Dhubri, District-Goalpara, the name of the father as well as the grandfather of the petitioner appears. A stand was also taken that the grandfather of the petitioner Junabali Munchi @ Haji Junab Ali had purchased a plot of land measuring 20 Bighas covered by Dag No.59, Tauzi No.1332 at village Bhalakupa, District- Goalpara by a registered Sale Deed No.1013/985 dated 07.02.1950. Before the Tribunal, the petitioner exhibited the voters list of 1966 of village Kheraj Daobhangi, P.S- Golokganj, District-Goalpara, which contains the name of Jonabali Munchi son of Sadek Sheikh, age 60 at Sl No.94, House No.34 and also that of Faziron Bibi, wife of Jonabali, age 45 at Sl No.95. The voters list of 1966 also contains the name of Ahammad Ali, age 28 years Sl No.97 also of house No.34. It is the claim of the petitioner that Ahammad Ali son of Jonabali, whose name appears in the voters list of 1966 of village 155 Kheraj Daobhangi is the father of the petitioner.