GUWAHATI, India, Oct. 16 -- Gauhati High Court issued the following order on Sept. 16:

1. Heard Ms. L. Wajeeda, learned counsel for the petitioner. Also heard Mr. B. Deka, learned CGC, Mr. G. Sarma, learned standing counsel for the FT matters and NRC, Mr. H. Kuli, learned counsel appearing on behalf of Mr. A. I. Ali, learned standing counsel for the ECI and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent.

2. The petitioner is aggrieved by the judgment and order dated 18.09.2013 passed by the learned member, Foreigners Tribunal (2nd), Morigaon, Assam in Case No. F.T. (D) 48/11, Police reference D/N Case No. 2818 dtd. 05.07.1998 and E.R.O reference No. 83/89/25 dtd. 17.10.1997. The petitioner has been declared to be a foreigner who entered into Assam from a specified territory after 25.03.1971, by the Tribunal.

3. It is submitted that the petitioner contested the proceeding and filed written statement substantiated by documents to prove his citizenship but the learned Tribunal erroneously held him to be a foreign national.

4. The petitioner Jamal Uddin, has explained his delay in filing the writ petition on the ground that he earns his livelihood as a daily rated labourer and he has to work in remote villages. He was unable to meet the expenses to file the writ petition against the impugned judgment and order. It is contended that his father Johur @Johur Uddin, son of late Momruz was a permanent resident in the District of Nagaon, house No.40, village- Udhantola under Rupahihat Police Station. His father's name was recorded in the voters list of 1970, for 86, Dhing LAC vide serial no.149 and his mother's name Sahar Banu was also recorded in the said voters list at serial no. 150. Subsequently, owing to reorganization of the District and Police Station, the petitioner's village came under the jurisdiction of Laharighat Police Station at Morigaon District and the name of the petitioner alongwith his wife's name was recorded in the voters list of 1985 under 83 Dhing LAC, Part No. 82, House No. 101, Serial No. 218 and 219. The petitioner is at present residing in the aforementioned address.

5. It is contended that the Tribunal has not recorded the reasons while declaring the petitioner to be a foreign national. It is submitted by the petitioner that the notice by the Tribunal in continuation to the reference before the Tribunal was invalid and legally untenable in law. It is contended that the reference of the question to the Foreigners Tribunal, Morigaon by the respondents in respect of the petitioner's citizenship was without any authority and jurisdiction causing sheer abuse of the process of Law.

6. Per contra, learned Standing Council for FT matters, Mr. G. Sharma laid stress in his argument that the petitioner has failed to produce any documentary evidence to substantiate that he is an Indian citizen by birth.

7. The Tribunal scrutinized the evidence adduced by the prosecution side as well as by the petitioner. It was observed by the Tribunal that the verification officer, Sri Mukul Moni Saikia, as PW, stated that he was engaged by the ERO during his tenure in the year 1997, for verification and correction of the voters list of 83 Dhing LAC. Then he visited the petitioner's residence with the village headman and asked for supporting documents to affirm that he is an Indian citizen. He asked for documents like NRC, voters list, land document, birth certificate, etc., but the O.P./petitioner failed to produce any documents despite the fact that he was granted more than 15 days time to produce the documents. The verification officer, suspecting the petitioner to be an illegal migrant, submitted his report.

8. This report was identified as Exhibit 1.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=eISc8sUCYnQFBVP%2BVeJCOO9iGxqxfuS%2B5KB0JKfaGcpsAmBjMzjFQZwie%2FJ%2BUeKZ&caseno=WP(C)/696/2017&cCode=1&cino=GAHC010192802017&state_code=6&appFlag=)

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