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2024 Supreme(SC) 575

VIKRAM NATH, AHSANUDDIN AMANULLAH
Md. Rahim Ali @ Abdur Rahim – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Kaushik Choudhury, AOR Mr. Saksham Garg, Adv. Mr. Jyotirmoy Chatterjee, Adv. Mr. Shaantanu Jain, Adv.
For the Respondent(s): Mr. Shuvodeep Roy, AOR Mr. Saurabh Tripathi, Adv.

JUDGMENT :

AHSANUDDIN AMANULLAH, J.

I.A. No.58315 of 2017 [Condonation of Delay] is allowed, keeping in mind the peculiar facts and circumstances herein. I.A. No.58325 of 2017 [Exemption from filing Certified Copy of the Impugned Judgment], being formal in nature, is also allowed.

2. Leave granted.

3. The present appeal arises out of the Final Judgment and Order passed by a Division Bench of the Gauhati High Court at Guwahati (hereinafter referred to as the “High Court”) in Writ Petition (Civil) No.2668 of 2012 dated 23.11.2015 (hereinafter referred to as the “Impugned Judgment”) by which the Writ Petition filed by the appellant was dismissed and the order passed by the Foreigners Tribunal, Nalbari (hereinafter referred to as the “Tribunal”) dated 19.03.2012 passed in F.T. (Nal) Case No.(N)/1096/06 declaring the appellant to be a foreigner on the grounds that he failed to discharge his burden under Section 9 of the Foreigners Act, 1946 (hereinafter referred to as the “Act”) and failed to prove that he is not a foreigner, was affirmed.

THE FACTUAL PRISM:

4. The appellant claims that his parents’ names appeared in the Voter List of the year 1965 at Sl. Nos.71 & 72 showing the address as H

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