Point of Law : Foreigner – Matter remitted back - no new evidence other than those permitted above can be produced before the Tribunal.

JUDGEMENT :

Soumitra Saikia, J.

This Writ petition is filed by the petitioner, Md. Tafajjul Hussain @ Tafajjul Hussain, who has challenged the order dated 11.10.2019 passed by the Member, Foreigner’s Tribunal, Nagaon Court No.10th at Sankardev Nagar (Doboka), Hojai, Assam, in case No. FT(D) Case No.880/2015.

2. Upon a reference made to the Foreigner’s Tribunal, Nagaon Court No.10th at Sankardev Nagar (Doboka), Hojai, Assam vide reference No.S.P.(B)’s F.T. Case No.332/2015, the present Foreigner’s Tribunal case was registered against the petitioner. The petitioner was suspected to be a foreigner, who had entered Assam, on or after 25th of March, 1971 from the specified territory i.e. Bangladesh without any valid documents. The Tribunal initiated the reference by serving Notice on the petitioner. The petitioner appeared before the Tribunal and filed his Written Statement and produced documents in support of his case that he is not an alien, who had entered Assam from the specified territory. The petitioner also presented 2 (two) witnesses as defence witnesses to support his case before the Tribunal. The Tribunal examined the materials presented before the Tribunal but however, declined to accept the contentions of the petitioner and rendered its opinion by answering the reference in affirmative that the petitioner is a foreigner as per Section 2 (a) of the Foreigners’ Act, 1946 and who had illegally entered into the territory of India specifically Assam on or after 25th of March, 1971 from the specified territory i.e. Bangladesh without any valid documents. Being aggrieved, the present writ petition has been filed by the petitioner challenging the order dated 11.10.2019 passed by the Member, Foreigner’s Tribunal, Nagaon Court No.10th at Sankardev Nagar (Doboka), Hojai, Assam, in case No. FT(D) Case No.880/2015.

3. We have heard the learned counsels for the parties. We have also perused the pleadings on record as well as the Tribunal records, which were called for by this Court.

4. It is seen that the petitioner in his Written Statement stated that he was born on 01.01.1976 and was brought up at the village 2 No. Borkur, P.O-Bhuragaon, P.S-Bhuragaon, Dist of Morigaon, Assam. The further case of the petitioner is that his forefather’s name was enrolled in the draft chitha of 1937-38 under Morigaon District, Mouza-Bhuragaon, 2 No. Borkur Kissamat, vide A.P No. 22, Dag No. 467 and 35 and the same is recorded in the name of his forefather, namely, Taleb Ali, S/O-Monor Uddin. It is also stated that the name of his forefather was also recorded in NRC of 1951, vide Legacy Data code No.270-0008-3209, Image ID No.17102941 of village 2 No. Borkur Pathar, Bukoni Mouza, Lahorighat Thana, District-Nagaon, Assam and that the name of his forefather is shown to be recorded as Telebali Shek, S/O-Monirddin. Similarly, his grandfather’s name was also entered into NRC of 1951 as Eyaj Uddin Shek, S/O-Talebali and shown to be a resident of village 2 No. Borkur Pathar, Bukoni Mouza, Lahorighat Thana, District-Nagaon, Assam. The petitioner in his written statement stated that the names of his forefather, grandfather and father’s name has been enrolled in the draft chitha of 1968-69 under Morigaon District, Mouza-Bhuragaon, 2 No Borkur Kissamat, vide P.P. No. 111, Dag No.4, 6, 7, 35 as Taleb Ali, S/O-Monor Uddin, Eyaj Uddin S/O-Taleb Ali and Abbas Ali S/O-Eyaj Uddin. His forefather’s name has also been found recorded in the draft chitha of 1968-69 under Morigaon District, Mouza-Bhuragaon, 2 No Borkur Kissamat, vide A. P. No.22, Dag No-4, 6, 7, 35 as Taleb Ali S/O-Monor Uddin. In the said draft chitha the name of his grandfather was also recorded as Eyaj Uddin S/O-Taleb Ali. The petitioner in his written statement stated that the names of his parents and family members have been enrolled in the Voters list since 1977. In the Voter’s list of 1977 it was recorded under 81 No Lahorighat LAC vide Sl. No. 27, 28, 29 and 30, House No-4, Part No.66 of Vill-2 No Borku