SANGSER ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M.U. Mondal, learned counsel for the petitioner. Also heard Mr. A.I. Ali, learned counsel for the Election Commission of India, Mr. U.K. Nair, learned senior counsel for the State of Assam appearing for the Foreigners' Tribunal and Border Areas, 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) Barpeta, IM(D)T Case No.2433/A/98 was registered against the petitioner. Subsequently on the IM(D)T Act, 1983 being declared ultra vires, the reference was transferred to the Foreigners Tribunal 9th Barpeta and was re-numbered as F.T. 9th Case No.127/2016. Before the Tribunal, the petitioner filed written statement and took the stand that the that the father of the petitioner namely Abdul Barek along with other family members appeared in the voter list of 1966 of village-Dhupguri Mouza-Howly PS-Barpeta at Serial No.99.

(3.) A stand was also taken that the same list contains the name of his mother Jaygan Nessa at Serial No.100. A further stand was taken that the name of the other family members of the petitioner appeared in the voter list of 1970 of village Dhupguri and there were some landed property in the name of the father of the petitioner at village-Dhupguri. A stand was also taken that in the voter list of 1985 the name of the petitioner is written as Sanser Bhuyan in place of Songsher Ali.