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2019 DIGILAW 60 (GAU)

MOSLIM ALI @ MUSLIM UDDIN S/O- SHAHA ALI SHEIKH @ SHAHADAT ALI @ SHAHA v. UNION OF INDIA

2019-01-21

ACHINTYA MALLA BUJOR BARUA, AJIT BORTHAKUR

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JUDGMENT : A.M. Bujor Barua, J. Heard Ms. M. Deori, learned counsel for the petitioner. Also heard Mr. A Ali, learned counsel for the Election Commission of India, Mr. J Payeng, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border Affairs, 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 referred by the Superintendent of Police (Border), Bongaigaon resulting in FT Case No.711/2016 being registered before the Foreigners Tribunal No.2, Bongaigaon at Abhayapuri. In the written statement, the petitioner took a stand that the father of the petitioner is Saha Ali Sheikh and his grandfather is Hussain Sheikh, whereas his mother is Mosiran Nessa and his grandmother is Momiron Nessa, which was recorded in the NRC of 1951. The petitioner also took a stand that the name of his father and mother appeared in the voters list of 1970 pertaining to village Amguri Part-1, Circle-Srijangram, P.S-Abhayapuri, Sub-Division-Goalpara of Goalpara district. In order to establish his linkage with Sahadat, whose name appears in the voters list of 1970, the petitioner relies upon the voters list of 1985 pertaining to village Nasatra, Baghekhiti and Pakhakata under Titapani Mouza, Barpeta Sub Divisioon. We have noticed that even in the voters list of 1985 which is relied upon by the petitioner, the same pertains to one Moslem Uddin at Sl No.721 and his father is shown to be Saha being aged about 36. We have taken note of that the voters list of 1985 relied upon by the petitioner firstly pertains to a different village and secondly the name of the father is shown as Saha and not as Sahadat and thirdly, the name of the petitioner is also shown as Moslem Uddin whereas the person referred to the Tribunal was Muslim Ali. 3. On a query being put to the learned counsel for the petitioner as to whether any further material is available to show that the petitioner had migrated from village Amguri Part-1 of Abhayapuri Police Station to any of the three villages namely Nasatra, Baghekhiti and Pakhakata, it is stated that no further material is available on record to establish the same. 4. 4. The Tribunal in its order dated 31.07.2018 in FT Case No.711/2016 had taken note of that the reliance of Exhinit-1 being the NRC of 1951 is not admissible in evidence. As regards the voters list of 1970 being Exhibit-2, the Tribunal took note that the same pertains to Sahadat Ali whereas the link document produced by the petitioner shows his father to be Saha and therefore the petitioner had failed to prove his linkage with the person, whose name appears in the voters list of 1970. As regards the Exhibit-9, copy of the Final Khatian of Goalpara district, the Tribunal was of the view that although the same pertains to Sahadat Ali Sheikh and Mosiron Nessa Bibi, but as the petitioner had failed to prove the link with Sahadat Ali Sheikh, therefore, the Khatian by itself also cannot be proved that the petitioner is not a foreigner, who had entered India after 25.03.1971. 5. In view of the absence of any link document between the petitioner and the concerned persons referred either in the Khatian or in the voters list of 1970, we are unable to arrive at a conclusion that the Tribunal in its order dated 31.07.2018 in FT Case No.711/2016 had erred in any manner. 6. Considering the scope of this Court under Article 226 of the Constitution of India in exercising its certiorari jurisdiction as depicted in paragraph-113 of the Full Bench Judgment in State of Assam vs Moslem Mondal, reported in 2013 (1) GLT 809, we are of the view that the order dated 31.07.2018 passed by the Foreigners Tribunal No.2, Bongaigaon at Abhayapuri in FT Case No.711/2016 does not call for any interference. 7. Accordingly, this writ petition is found to be devoid of any merit and the same stands dismissed. However, no order as to cost. 8. Send back the LCR immediately.