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2014 Supreme(Gau) 444

B.K.SHARMA
MD. ISMAIL UDDIN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the petitioner: Mr. J. Ahmed, Adv.
For the respondents: Mr. M. Bhagabati, CGC, Ms. B. Dutta, State Counsel.

ORDER (ORAL)

1. The petitioner who has been declared to be a Foreigner (illegal Bangladeshi migrant) by the Foreigners Tribunal-III, Barpeta (Assam) in F.T Case No.145(III)/2009 (Ref. IMDT Case No.1856/2001) (State of Assam vs Ismail Ali) has filed the instant writ petition challenging the said order.

2. According to the petitioner, he is a citizen of India. Referring to the voter list of 1965 and 1970, it is the case of the petitioner that the names of his parents appeared in the said two voter lists. He has also referred to the voter list of 1985 to claim that the name of his wife was recorded therein. The petitioner has also referred to the Annexure-6 school certificate dated 06.11.2013 to show that he was a student of Fingua Borhola M.E School and read up to Class-IV. As per the said certificate, he was born on 21.01.1961 and left the school on 31.03.1971 while in Class-IV. It will be pertinent to mention herein that the petitioner never contended before the Tribunal that he had studied in any school. The school certificate has been obtained after the impugned judgment was delivered on 30.09.2013.

3. Further case of the petitioner in the writ petition is that his name had appea













































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