The need for coordinated investigations and joint proceedings for closely related individuals to avoid conflicting opinions and ensure fair determination of citizenship status.

JUDGMENT :

N. KOTISWAR SINGH, J.

1. Heard Mr. M.A. Sheikh, learned counsel for the petitioner. Also heard Mr. B. Deka, learned CGC appearing for respondent No. 1; Mr. G. Sarma, learned special counsel, F.T. for respondent Nos. 2, 3,4 and 5.

2. In this petition the petitioner has challenged the opinion dated 10.4.2017 passed by the learned Foreigners Tribunal, Baksa (BTAD), Tamulpur in F.T. Case No. 126/BAKSA/2016 arising out of Ref. IM(D)T Case No. 339/2002.

3. The petitioner was proceeded on a reference being made against him by the referral authority that the petitioner, Md. Mahar Uddin Ali, aged about 40 years, son of late Inchu Ali @ Md. Imus Ali, resident of No. 2 Goreswar Village, Police Station Goreswar, Distt. Baksa (now) earlier under the then district Kamrup Assam, is an illegal entrant to India (Assam). As per the records, it appears that the reference was made on the basis of an inquiry conducted by the concerned authorities and finding that the petitioner is suspected to be an illegal immigrant from Bangladesh.

4. Accordingly, on the basis of the said reference, the Foreigners Tribunal, Baksa at Tamulpur initiated the proceeding against the petitioner. On being summoned, the petitioner made appearance before the said Tribunal and submitted his written statement dated 17.2.2016 claiming that he was born in the year 1977 and his father, late Inchu Ali @ Md. Imus Ali, S/o. late Nalu (father) and Tarabenu Nessa (mother) belonged to Village No. 2 Goreswar, Baksa, BTAD, Assam. The petitioner also claimed that his name appeared in the voters’ list of 1977 and one voter identity card was issued by the Election Commission of India, though in the said identity card his name has been wrongly written as Nahruddin Ali.

It was claimed that the petitioner has been casting his vote from the year 1997 till date in Village-Goreswar, Dist. Baksa, BTAD (Assam) under 57 No. Rangia LAC. The petitioner also submitted other documents, viz., a photo copy of the voters list of 1965 containing his father's name, voters list of the year 1977 in which the name of the petitioner appeared, a certificate issued by the Gaonburah of Village No. 2 Goreswar, Baksa, BTAD, Assam, and a photo copy of Elector Photo Identity Card. However, the learned Tribunal was not convinced with the materials and evidences adduced and held that the petitioner has failed to prove that he is an Indian citizen.

5. Accordingly, the learned Tribunal declared the petitioner a foreigner, who entered to India after 25.3.1971 without having any valid document and without authority. The petitioner being aggrieved by the said opinion of the learned Foreigners Tribunal, passed in F.T. Case No. 126/BAKSA/2016, has filed the present writ petition being WP(C) No. 3128/2017.

6. During the pendency of this petition and after the petitioner was declared a foreigner, the petitioner filed an additional affidavit in this case and annexed a certified copy of the order dated 29.7.2017 passed by the learned Foreigners Tribunal, Baksa, Tamulpur in F.T. Case No. 351/BAKSA/2016, to bring on record the proceeding initiated against his brother, namely, Md. Riajuddin Ali. The petitioner claims that the case of Md. Riajuddin Ali was decided in his favour by the same learned Tribunal vide opinion dated 29.7.2017.

Accordingly, learned counsel for the petitioner submits that the aforesaid finding by the same Foreigners Tribunal against his own brother will set at rest the issue in his favour that he is an Indian and not a foreigner, for the reason that the same Tribunal after considering the evidences and materials on records held that his brother Md. Riajuddin Ali is not a foreigner.

7. We have perused the certified copy of the order dated 29.7.2017 passed by the learned Foreigners Tribunal, Baksa, Tamulpur in F.T. Case No. 351/BAKSA/2016. From perusal of the said order, it appears that one Md. Riajuddin Ali, son of one late Inchu Ali, resident of Village No. 2 Goreswar district Karmup was proceeded before th