GUWAHATI, India, May 25 -- Gauhati High Court issued the following order on April 24:

1. Heard Mr. S.C. Pandit, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC for respondent no.1; Mr. G. Sarma, learned standing counsel for respondent nos. 2 and 3; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for respondent no.4.

I. Opinion assailed:

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Md. Shunahar Ali, has assailed the impugned opinion dated 30.08.2017, passed by the learned Member, Foreigners Tribunal 1, Nalbari, in F.T. (Nal) Case No. (N) 21/2012, arising out of S.P. Reference No. 73/11, by which he was declared to be a foreigner of post 25.03.1971 stream.

II. Submissions on behalf of the petitioner:

3. The learned counsel for the petitioner has submitted that the petitioner was not served with the main grounds on which he was suspected to be a foreigner and therefore, the petitioner did not get a reasonable opportunity to defend himself. Moreover, it was submitted that as the petitioner was born in India in the year 1985, he is a citizen of India by birth and the proceeding was not maintainable.

4. It has also been submitted that the petitioner was born in India in the year 1987 and therefore, as per Section 3 (1)(a) of the Citizenship Act, 1955, the petitioner would be a citizen of India, having acquired citizenship by birth. Accordingly, it was submitted that the petitioner could not have been suspected to be a foreigner.

5. It has also been submitted that the case of the petitioner was that Ibrahim Ali, son of Sangser Ali, had come to village- Kasimpur, where he had married Fatema and the petitioner was born, but while Fatema continued to reside in Kasimpur, the projected father of the petitioner, Ibrahim Ali, went to his original village at Baruajhar and he occasionally used to visit Fatema. Accordingly, this Court, by order dated 29.03.2023, had directed the Superintendent of Police (Border), Darrang, as well as the Superintendent of Police (Border), Nalbari, to conjointly make a verification and enquiry on the aforesaid aspect and to submit a report before the Court. In the aforesaid context, it was submitted that the reports by the Superintendent of Police (Border), Darrang, as well as the Superintendent of Police (Border), Nalbari, that are available on record, establish that Ibrahim, son of Sangser, was the father of the petitioner, Md. Shunahar Ali.

6. It was also submitted that the petitioner had examined himself as OPW-1 and had exhibited 16 (sixteen) documents. Moreover, to prove the link document, the petitioner had examined his projected mother, Musstt. Fatema Bibi, as OPW-2, Md. Ibrahim Ali, his projected father as OPW-3, Sri Dipul Boro, Gaonburah of village-Kasimpur as OPW-4, and Md. Muslem Ali, Head Master of Kasim Ali L.P. School, Kedukuchi, Nalbari, as OPW-5. It may be stated that the Gaonburah (OPW-4), in his examination-in-chief, had stated he knew the petitioner from his childhood and that Ext. 15(1) is his signature and had stated that Ext. 16 was his certificate issued on 26.04.2017 in respect of Fatema Bibi, daughter of Hajarat Ali and mother of the petitioner of village-Kasimpur under P.S. and Dist. Nalbari, who was a permanent resident of village-Kasimpur. He had stated that he knew her since his childhood. He had stated that Ext. 16(2) was his signature. He had issued the certificate on the basis of the register and Ext. 15(3), serial no. 76 and that register is maintained since his father. Accordingly, it was submitted that the petitioner has been able to establish his link with his projected father beyond reasonable doubt.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=eISc8sUCYnQFBVP%2BVeJCOMMne1XzWzypR5yJ7%2B%2FruwbdzPv9khEjs%2FhZZCVRR3qD&caseno=WP(C)/6291/2017&cCode=1&cino=GAHC010242092017&state_code=6&appFlag=)

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