The burden of proof under section 9 of the Foreigners' Act 1946 is on the petitioner to establish citizenship, and minor discrepancies in documents must be explained to substantiate the claim.

JUDGMENT

Soumitra Saikia, J. - Heard Mr. M. A. Choudhury, learned counsel appearing on behalf of Mr H. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. P.S. Lahkar, learned Central Government counsel for the respondent No. 1, Mr U.K. Nair, learned senior counsel representing the State for the respondent Nos. 2, 3, 6 and 7, Ms. N. Upadhyay, learned standing counsel, Election Commission of India for the respondent No. 4 and Ms. L. Devi, learned standing counsel, NRC for the respondent No. 5.

2. By way of this writ petition, the petitioner has challenged the opinion dated 28-05-2019 rendered by the Member, Foreigners Tribunal Bongaigaon No. 2, Abhayapuri in F.T. Case No. BNGN/FT-2/APR/164/17. By the said opinion the Member, Foreigners' Tribunal Bongaigaon No. 2 answered the reference made by the Superintendent of Police, (Border) Bongiagaon in affirmative and opined and declared that the petitioner Nagar Ali is a foreigner/illegal migrant who had entered Assam on or after 25-03-1971.

3. To discharge the burden as required under section 9 of the Foreigners' Act 1946 to prove that the petitioner is not a foreigner, the petitioner projected one Ayen Sheikh @ Ayen Ulla @ Ayan as his grandfather, one Abdur Rahman Sheikh @ Abdur Rahman @ A. Rahman as his father and one Sarbhanu Bibi as his mother. The petitioner upon receipt of notice issued by the Tribunal regarding the reference appeared and duly contested the case by filing the written statement and examined 2 (two) witnesses.

4. To substantiate his claims the petitioner exhibited the following documents:

(i) Exhibit-A is the copy of the draft NRC of 1951 of village Shiyalerbhita, P.SSouth Salmara, Mouza-4, House no. 26 (Ka), Serial no. in house:2, District Goalpara, Sub-Division- Dhubri. The petitioner claims that Exhibit A- the draft NRC of 1951 records his projected father's name as "A. Rahman" son of "Md. Ayen Sheikh" aged 21 years.

(ii) Exhibit-B is the extract of the voter list of 1960 in the name of his projected father as 'Abdur Rahman' son of Ayen Ulla of village- Shiyaler-Bhita, P.S.- South Salmara, P.O- Hamidabad, District-Goalpara, Sub-Division-Dhubri, aged 30 years.

(iii) Exhibit-C is the extract of the voter list of 1966 showing the name of his projected father Abdur Rahman Sheikh aged about 35 years son of Ayan and Sharbhanu Bibi aged 25 years, wife of Abdur Rahman, village- Shiyaler Bhita, P.OHamidabad. P.S.- South Salmara, District-Goalpara, Sub-Division-Dhubri.

(iv) Exhibit-D is the extract of the voter list of 1970 showing the name of his projected father as Abdur Rahman Sheikh son of Ayan and Sharbhanu Bibi wife of Abdur Rahman of village- Shiyaler Bhita, P.O- Hamidabad. P.S.- South Salmara, DistrictGoalpara, Sub-Division-Dhubri. Ages of both projected parents are not reflected.

(v) Exhibit-E is the extract of the voter list of 1985 showing the name of his projected wife Nurbhan Nessa, aged 21 years, as wife of Nagar Ali of village- (155) Ambari, P.S- Abhayapuri, District- Goalpara, Sub-Division- Uttar Salmara.

(vi) Exhibit-F is the extract of the voter list of 1997 showing the name of the petitioner, aged 35 years, as son of A. Rahman and his projected wife Nurbhanu Khatun aged 30 years of village- 155 Ambari, P.S- Abhayapuri, District- Goalpara, Sub-DivisionNorth Salmara.

(vii) Exhibit-G is the extract of the voter list of 2016 showing the name of the petitioner aged 52 years as son of A. Rahman, his projected wife as Nurbhanu Khatun and his 3 (three) sons.

(viii) Exhibit-H is the Electoral Voter I.D. submitted by the petitioner as Nagar Ali, son of A. Rahman.

The petitioner examined 2 (two) witnesses namely, the petitioner himself as DW 1 and one Piyar Ali son of Tenu Fakir as DW 2 who is projected as the petitioner's maternal uncle.

5. In addition to the above exhibits the petitioner also submitted the extract of voter list of 2010 showing the name of the petitioner as son of A. Rahman, his wife Nurbhanu Khatun and son Noor Bokta of village 155 Ambari,