JUDGMENT AND ORDER :

Rumi Kumari Phukan, J.

Petitioners herein have challenged the impugned judgment and order passed dated 17.5.2012 whereby they have been declared as foreigner in F.T. Case No. 834/2006.

2. The Superintendent of Police (Border), Morigaon has made a reference (IMDT) no. 544/1 against the petitioners suspecting them to be foreigners and forwarded same to the IMDT Tribunal for disposal and subsequently the same was transferred to the Foreigners' Tribunal, Morigaon in terms of the direction of the Hon'ble Supreme Court dated 12.7.2005 in WP(C) 131/2000. Resultantly the FT case 834/2006 was registered.

3. According to petitioners, on receipt of the notice from the Foreigners Tribunal, they appeared before the Tribunal and filed the written statement along with documents showing them as Indian citizens. The petitioners also adduced evidence in support of their case and the learned Tribunal by the impugned order declared them as foreigners by disbelieving the documents filed by the petitioners hence the present petition has been filed challenging the legality and validity of the aforesaid order.

4. In the aforesaid proceeding the petitioners in their written statement have asserted that they were Indian citizens by birth and late Ramdhan Das, father of the petitioner no.1, was enlisted as a voter in the voter list 1966 of 85-Raha Constituency at village Dalimbari in Nagaon district. After the death of his father the petitioner no. 1 went to the village Barkhal in the district Morigaon in search of livelihood and settled there permanently. The father of the petitioner no.2 was a voter in the voter list of 1971 of 85-Raha Constituency at village Khaliamari in Nagaon district. However, since the petitioner no.2 was minor at the time she could not cast her vote and the other petitioner no. 3 to 7, who were children of the petitioner no.1 and 2 were minor and all of them were born in the given address.

5. In support of the contention raised in the written statement the petitioner no. 1 examined himself and deposed that during his childhood he came from village Daulatpur of East Pakistan along with his parents and stayed in Anipur village in Cachar district. At the age of 19 years he came from Anipur to Khaniamari and thereafter to Amlighat along with his family after his marriage. According to him, his elder son was born at Khaniamari and other children were born at Borkhal (petitioner no.3 to 7). The petitioner no.1 (as opposite party no.1) filed the following documents in support of his case.

(i) Exhibit ka - Certificate from Anipur refugee camp.

(ii) Exhibit kha - Voter list of 1975 82-Raha Constituency.

(iii) Exhibit ga - Ration card issued by Silchang Samabai Samiti.

(iv) Exhibit gha to ja - School certificate showing the date of birth of the children and their names as parents., and land revenue receipt.

6. The learned tribunal examined the evidence as well as the documents filed by the petitioner and came to the following finding in para 3 of its judgment.

“(3) I have carefully perused the case records and heard argument from both sides. Also, I have carefully scanned the documents proved and exhibited. It appears from Ext.-'Ka'(the Duplicate identify card, No.8440) that it is issued by the Assistant Relief & Rehabilitation Officer, Karimganj by cancelling old identity card(number not mentioned) showing the head of the family as Shri Hiralal Das, S/o Shri Ramdhan Das. In the document, the Camp Registration No. Is also not mentioned. This Duplicate identity card was registered on 23.07.1964 and at that time, Shri Ramdhan Das was alive as evinced by the O.P. No.1 deposing as O.P.W. 1. No cause has been shown why the son of Ramdhan Das was shown as head of the family during his father's life time and also no cause has been assigned why the Duplicate Identify Card has to be obtained. In the Certificate(Ext.'Ka'), the age of O.P. No.1, Shyam charan Das was 19 years on the date of registration on 23.07.1964 as such, he obtained th

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