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2019 DIGILAW 19 (GAU)

Ziabur Rahman S/o Abdul Ajit v. Union of India

2019-01-09

ACHINTYA MALLA BUJOR BARUA, PRASANTA KUMAR DEKA

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JUDGMENT : A.M. BUJOR BARUA, J. 1. Heard Mr. A. Roshid, learned counsel for the petitioner. Also heard Mr. A Ali, learned counsel for the Election Commission of India, Mr. A. Kalita, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border matters, Ms. A Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India. 2. The petitioner was served a notice from the Foreigners Tribunal No.1, Morigaon, wherein the name of the proceedee was depicted as Md. Ziaur Hoque son of Abdul Aziz of village Mati Prabat, PSMayang, District Morigaon, Assam. The petitioner filed a written statement, wherein he had pointed out the discrepancy in the notice that his name is actually Ziabur Rahman and not Ziaur Hoque. For reasons known to the petitioner, he had also makes a statement in the written statement that Ziaur Hoque and Ziabur Rahman are one and the same person. But be that as it may, in the proceeding before the Tribunal, the petitioner led evidence to prove the citizenship of Ziaur Rahman. 3. Without expressing any view on the merit and acceptability of the evidence led by the petitioner as Ziaur Rahman, we are of the view that the Tribunal for the reasons recorded in its order dated 13.06.2013 was of the view that the evidence led by the petitioner has discrepancy and therefore, the same are unacceptable. The nature of the discrepancy although had not been expressly explained, but we have to understand that as because the Tribunal proceeded on the premises that the proceedee is Ziaur Hoque and the evidence had been led in respect of Ziabur Rahman, therefore, there is some kind of discrepancy. 4. In view of the above, we are of the view that the order dated 13.06.2013 of the Foreigners Tribunal No.1, Morigaon in FT Case No.94/2008 is unsustainable and the same is accordingly set aside. 5. 4. In view of the above, we are of the view that the order dated 13.06.2013 of the Foreigners Tribunal No.1, Morigaon in FT Case No.94/2008 is unsustainable and the same is accordingly set aside. 5. Accordingly it is directed that the petitioner shall now appear before the Foreigners Tribunal No.1, Morigaon on 04.02.2019 and the Tribunal shall de-novo decide the reference against the petitioner from the stage of filing of the written statement keeping in mind that in the written statement although he had made a statement that his name was wrongly mentioned as Ziaur Hoque in the notice of the Tribunal and his correct name is Ziabur Rahman but he had also taken a stand in the written statement that Ziaur Hoque and Ziabur Rahman are one person. In doing so, the evidence already led shall be retained and also acted upon. 6. Upon appearance of the petitioner before the Tribunal, the Tribunal shall decide the matter within a period of 60 days from the date of appearance of the petitioner. The writ petition stands allowed to the extent indicated above.