GUWAHATI, India, Dec. 19 -- Gauhati High Court issued the following order on Nov. 19:

1. The extra-ordinary jurisdiction of this Court has been sought to be invoked by filing this application under Article 226 of the Constitution of India by putting to challenge the opinion rendered vide impugned order dated 30.01.2020 passed by the learned Foreigners' Tribunal 6th, Barpeta in F.T. Case No. 361/2015. By the impugned judgment, the petitioner, who was the proceedee before the learned Tribunal, has been declared to be a foreigner post 25.03.1971.

2. The facts of the case may be put in a nutshell as follows:

(i) The reference was made by the Superintendent of Police (B), Barpeta District, against the petitioner giving rise to the aforesaid F.T. Case No. 361/2015.

(ii) As per requirement u/s 9 of the Foreigner's Act, 1946 to prove that the proceedee is not a foreigner, the petitioner had filed the written statement along with certain documents and had adduced evidence along with 4 other DWs.

(iii) The learned Tribunal, after considering the facts and circumstances and taking into account of the provisions of Section 9 of the Foreigners' Act, 1946 had come to a finding that the petitioner, as opposite party had failed to discharge the burden cast upon him and accordingly, the opinion was rendered declaring the petitioner to be a foreign national post 25.03.1971.

3. We have heard Shri A. Roshid, learned counsel for the petitioner. We have also heard Shri J. Payeng, learned Standing Counsel, Home Deptt. as well as NRC; Shri P. Sarma, learned Addl. Sr. Govt. Advocate, Assam; Shri A. I. Ali, learned Standing Counsel, ECI and Shri G. Pegu, learned CGC. We have also carefully examined the records which were requisitioned vide an order dated 29.09.2020.

4. Shri Roshid, the learned counsel for the petitioner has submitted that the petitioner could prove his case with cogent evidence and in view of the fact that there was no rebuttal evidence, the learned Tribunal should have accepted the said proof and accordingly hold the petitioner to be a citizen of India. In this regard, he has referred to the evidence on affidavit of the 4 numbers of witnesses and also the following documentary evidence:

1. Ext A: is the certified copy of the E/Roll 1966.

2. Ext B: is the certified copy of the E/Roll 1970.

3. Ext C: is the certified copy of the E/Roll 1985.

4. Ext D: is the certified copy of the E/Roll 1997.

5. Ext E: is the certified copy of the E/Roll 1966.

6. Ext F: is the certified copy of the E/Roll 1970.

7. Ext G: is the certified copy of the E/Roll 1997.

8. Ext H: is the certified copy of the E/Roll 2010.

9. Ext I: is the Voter ID Card of Amar Ali.

10. Ext J: is the Gaon Panchayat certificate of vill: 32 no. Barbila Gaon Panchayat.

11. Ext K: is the certified copy of the E/Roll 2010.

12. Ext L: is the school certificate of Basiran Nessa.

13. Ext M: is the school certificate of Mahinur Khatun.

14. Ext N: is the Birth Certificate of Rakibul Hussain.

15. Ext O: is the Voter ID Card of Rukiya Khatun.

16. Ext P: is the Gaonburha's certificate of vill: Agmandia, Bhairarpam.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqBXJAZGhNyubuMGD7%2FTky2Q%2B1YXHzLAJejP5vj4VtVC0&caseno=WP(C)/4958/2024&cCode=1&cino=GAHC010180522024&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.