GUWAHATI, India, Oct. 16 -- Gauhati High Court issued the following order on Sept. 16:
1. Heard Mr. M.H. Choudhury, learned senior advocate, assisted by Mr. M.K. Choudhury. Also heard Mr. K.K. Parashar, learned CGC; Mr. J. Payeng, learned standing counsel for FT and Border matters; Mr. G. Sarma, learned standing counsel for NRC; Mr. H.K. Hazarika, learned Govt. Advocate and Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the Election Commission of India.
2) By filing this review petition, the petitioner, namely, Abdur Rashid, who was declared to be a foreigner of post 25.03.1971 from Bangladesh vide opinion dated 30.09.2016, passed by the learned Member, Foreigners Tribunal 5th, Morigaon, in Case No. F.T.(D) 226/2015, has prayed for review of the order dated 27.09.2018, passed by this Court in W.P.(C) 7413/2016, by which the writ petition, challenging the said opinion was dismissed.
3) For the purpose of this order, it would suffice to mention that on receipt of notice of the proceedings before the learned Foreigners Tribunal, the petitioner had appeared and filed his written statement. Thereafter, in support of his defence, the petitioner had examined himself As DW-1 and had exhibited the following documents, viz.,
(1) Certified copy of voter list of 1965 as Ext.Ka;
(2) Certified copy of voter list of 1970 as Ext.Kha;
(3) Copy of NRC of 1951 as Ext.Ga;
(4) Photocopy of NRC legacy data as Ext.Ga,
(5) High School Leaving Certificate Examinatioin passed certificate of 1983 as Ext.Gha;
(6) Chita for surveyed village as Ext.Unga;
(7) Jamabandi as Ext.Cha;
(8) Voter ID Card as Ext.Chha;
(9) Certified copy of voter list of 2005 as Ext.Jha;
(10) Admit Card of HSLC Examination of 1983 as Ext.Jhha;
(11) Xerox copy of voter list of 1965 as Ext.Niya;
(12) Xerox copy of voter list of 1970 as Ext.Ta;
(13) Sale Deed as Ext.Tha;
(14) Revenue Paying receipt as Ext.Da; and
(15) Certified copy of voter list of 1989 as Ext.Da. It may be mentioned that without any pleadings in his written statement, by way of his evidence-on-affidavit, the petitioner had taken a plea that he was not the son of Kamaluddin [also spelt by the petitioner as Kamal Uddin], as referred in the notice, but his father was Late Abdul Rejak. However, the said plea was rejected and on examining the statements made in the written statement and evidence tendered by the petitioner, by a reasoned discussion, disbelieved that the petitioner was not the son of Kamaluddin and therefore, the reference was answered in favour of the State and against the petitioner and it was held vide opinion dated 30.09.2016, that the petitioner was a foreigner.
4) Thereupon, the petitioner had filed a review petition before the Foreigners Tribunal 5th, Morigaon, purportedly by invoking Section 151 of the Civil Procedure Code, which was registered as Misc. Case No. 33/2016 [in Ref: F.T.(D) 226/2015], inter alia, stating that the petitioner is the son of Kamal Uddin and not the son of Abdul Rejak, and further projecting that due to the fault of his advocate, he could not produce documents in support of his defence and did not make all the disclosures in his written statement and accordingly, the petitioner had prayed, inter alia, for allowing him to file additional written statement and for a fresh hearing. The learned Member, Foreigners Tribunal 5th , Morigaon, while dismissing the said review petition by order dated 11.11.2016, observed that the petitioner was a literate person holding degree of Bachelor of Science (B.Sc.) and the negligence in correcting his father's name in the case cannot be taken lightly.
5) The said opinion dated 30.09.2016 and the order dated 11.11.2016, was unsuccessfully assailed by the petitioner before this Court by filing W.P.(C) No.7413/2016.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x4ch2AtruHb1s00GTdb3WdT4l74hrOx8iuJmUsVQWkUU&caseno=Review.Pet./44/2025&cCode=1&cino=GAHC010048542025&state_code=6&appFlag=)
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