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

1. Heard Mr. Z. Hammad, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned CGC for respondent no.1; Mr. G. Sarma, learned standing counsel for FT, Border matters and NRC for respondent nos. 2, 3 and 6; Mr. N. Kalita, learned counsel, appearing on behalf of Mr. A.I. Ali, learned standing counsel for respondent no. 4; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate for respondent no.5.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Md. Shamar Ali @ Samar Ali, has assailed the opinion dated 14.08.2018, passed by the learned Member, Foreigners Tribunal2 nd, Morigaon, Assam, in Case No. F.T. 75/2013, arising out of Police Ref. F.T. Case No. 127/11, dated 25.04.2011, thereby declaring him to be an illegal migrant/foreigner who has illegally entered into India (Assam) on or after 25.03.1971.

3. In view of the order of remand proposed to be passed, the detailed discussion regarding the pleadings and evidence has not been made in this order.

4. It would suffice to mention that on service of notice, the petitioner appeared before the learned Tribunal and had filed his written statement. In brief, the petitioner had stated that the allegation against him was absolutely false and the Verification Officer could not make a proper enquiry and submitted a false and manufactured report without visiting the house of the petitioner. By denying the contents of Annexure-A and Annexure-B verification form, he had stated in his written statement that he was born at villageBalidunga Pam under Bhuragaon P.S., Dist. Morigaon to Harmuz Ali @ Harmuz Ali Fakir (father) and Maleka Khatun (mother), where he is permanently residing till date. The father of Harmuz Ali is Yasin Ali, who is also called Yasin. Ten documents were filed along with the written statement, out of which 7 (seven) documents were in respect of the petitioner.

5. In support of the defence, the petitioner had examined himself as DW-1. In his evidence-on-affidavit, the petitioner had stated that he and his father were born and brought up in village- Balidunga Pam under Bhuragaon P.S., Dist. Morigaon. In the year 2001, he got married to Miss Aspin Nahar, daughter of Md. Abdul Maleque, resident of village- Hekenamara, under P.S. and Dist. Morigaon. The learned Tribunal has recorded the cross-examination of DW1 on 03.03.2017. For the reasons stated hereinbelow, the contents of the crossexamination have not been discussed in this order.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WuIv6cCnS%2BJQXxEASgK4GP3WqpuL17ztEFsaJMcfEV1X&caseno=WP(C)/4906/2019&cCode=1&cino=GAHC010151192019&state_code=6&appFlag=)

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