JUDGMENT :

ACHINTYA MALLA BUJOR BARUA, J.

Heard Mr. M.U. Mahmud, learned counsel for the petitioner, 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. On being referred by the Superintendent of Police (Border), Bongaigaon, FT Case No. BNGN/FT/156/2009 was registered in the Foreigners Tribunal No. 1, Bongaigaon. In the written statement before the Tribunal, the petitioner took the stand that the grandfather of the petitioner Syad Ali son of Mutar Ali of village Nowagaon had purchased a plot of land by a registered sale Deed No. 4209 dated 29.11.1960. Further, the name of the father of the petitioner Anser Ali son of Soiyadili Miya appears in the voters list of 1997 of village Nowagaon PS-Manikpur, District-Bongaigaon at Sl No. 26 showing his age to be 45 yers and the said list also contains the name of Surjhya Bhanu wife of Anser Ali age 30 at Sl No. 27. A stand was also taken that in the family Identity Card issued by the Food and Civil Supplies Department, after the death of his father Anser Ali, the name of his mother Surjya Bhanu Bewa is shown as the head of the family, which also contains the name of the petitioner Saidul Islam son of Anser Ali.

3. The petitioner exhibited the Sale Deed dated 29.11.1960 wherein the name of Sayod Ali Mia son of late Moktar Ali Miya of village Nowagaon is shown as the first party. The petitioner also exhibited the voters list of 1997 of village Nowagaon which contains the name of Anser Ali son of Soiyadili Miya age 45 at Sl No. 26, House No. 8 and Surjhya Bhanu wife of Anser Ali age 30 years at Sl No. 27 also in respect of House No. 8. The petitioner also exhibited a electronically generated copy of the ration card, which shows the head of the family to be Surjya Bhanu Beowa daughter of Kaddus Ali and Jalimon Beowa, where in the family members detail, the name of Saidul Islam, son of Anser Ali, age 22 years is also mentioned. The electronically generated ration card also gives an indication that it refers to an old ration card No. 3106 of village Nowagaon.

4. By indicating that the name of the mother of the petitioner is Surjhya Bhanu, who in turn is the wife of Anser Ali as per the voters list of 1997, who again is the son of Syad Ali, all of Nowagaon village, the petitioner seeks to establish a linkage with Sayod Ali Miya of the Sale Deed dated 29.11.1960. In order to establish the linkage, the petitioner is required to establish that he is the son of Anser Ali son of Syad Ali, whose name appeared in the voters list of 1997 of village Nowagaon and for the purpose seeks to establish the linkage through Surjhya Bhanu Beowa wife of Anser Ali, whose name also appears in the voters list of 1997. The link is sought to be established through the ration card details, which contains the name of Surjhya Bhanu to be the head of the family and also Saidul Islam, son of Anser Ali to be a member.

5. We have taken note of that the electronically generated ration card details, which is relied upon does not contain a digital signature of the person concerned and therefore, the same would only be a public document within the meaning of Section 74 of the Indian Evidence Act of 1872. It being a public document, the contents thereof are required to be proved as required under Section 65 of the Indian Evidence Act of 1872.

6. Accordingly, as there is a possibility of a link being established by the petitioner through the electronically generated ration card details, we are of the view that the interest of justice will be met if the petitioner is allowed to adduce the required evidence under Section 65 of the Indian Evidence Act of 1872 to establish the contents of the electronically generated ration card details, which had