ACHINTYA MALLA BUJOR BARUA, J.

1. Heard Mr. Z Hammad, learned counsel for the petitioners. Also heard Mr. A Ali, learned counsel for the Election Commission of India, Mr. UK Nair, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border Areas, Ms. U. Das, 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. On being referred by the Superintendent of Police (Border), Morigaon, IM(D)T Case No.914/2002 was registered against the petitioners. Upon the IM(D)T Act of 1983 being declared ultra-vires, the reference was transferred to the Foreigners Tribunal No.1, Morigaon and was renumbered as Case No.FT(C) 462/2010.

3. Before the Tribunal, the petitioner No.1 in the written statement had taken a stand that he is the son of late Kismat Ali and was born and brought up in the village Rampur Satra under the Batadrava police station in the Nagaon district. The petitioner No.1 takes a stand that in the police report, his father is shown as Ismat Ali instead of Kismat Ali, but Ismat and Kismat Ali is the same person, who in fact is the son of Abdul Sheikh.