LAWS(GAU)-2019-4-115

ABU KHAYRUDDIN Vs. UNION OF INDIA

Decided On April 01, 2019
Abu Khayruddin Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Ms. R. Choudhury, learned counsel for the petitioner as well as Mr. U.K. Nair, learned senior counsel representing respondent nos. 2, 3 and 4 and Ms. U. Das, learned counsel representing respondent no.6. None appears for respondent nos. 1 and 5.

(2.) The petitioner assails the orderopinion dated 29102018 passed by the Foreigners Tribunal, Bongaigaon No.2, Abhayapuri in Case No.BNGNFT35542009, declaring him to be a foreigner of post 25031971 stream, having illegally entered into the territory of India (Assam) from the specified territory without any valid document.

(3.) On reference made by the Superintendent of Police (Border), Bongaigaon, the Tribunal issued notice and on receipt thereof, the petitioner, Md.Khairuddin duly entered appearance and contested the proceeding. He filed his written statement and thereafter, submitted his evidence on affidavit to establish the fact that he is the citizen of India and not a foreigner within the meaning of Section 2 (a) of the Foreigners Act, 1946. He produced and exhibited a number of documents, namely, (i) Revenue Receipt (Ext.A), (ii) Notice of objection (Ext.B), (iii)Notice of objection (Ext. C), (iv) Voter List of 1966 (Ext.D), (v) Voter List of 1970 (Ext.E), (vi) Voter List of 1985 (Ext.F), (vii) Voter List of 1997 (Ext.G), (viii) Voter List of 2008 (Ext.H), (ix) Voter List of 2010 (Ext.I), (x) Voter List of 2014 (Ext.J), (xi) Voter List of 2015 (Ext.K), (xii) Voter ID Card (Ext.L) and (xiii)Affidavit (Ext.M).