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2022 Supreme(Gau) 437

N. KOTISWAR SINGH, MALASRI NANDI
Abdul Aziz @ Md. Abdul Aziz @ Abdul Ajij, S/o. Mazam Ali @ Majam Ali – Appellant
Versus
Union of India, Rep. by the Secretary of the Ministry of Home Affairs, Govt. of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. M.U. Mahmud, Mr. M. Ali, Mr. A. Das, Mr. S. Islam, Mr. S. Hoque.
For the Respondent:Mr. B. Sharma, CGC, Mr. J. Payeng, Special Counsel, F.T., Ms. U. Das, Government Advocate.

JUDGMENT :

N. Kotiswar Singh, J.

Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Central Government Counsel appearing for respondent No.1; Mr. J Payeng, learned Special Counsel, F.T. appearing for respondent Nos. 2, 4, 5 & 6; and Ms. U. Das, learned State Counsel, Assam, appearing for the respondent No.3.

2. In this petition the petitioner has challenged the impugned opinion dated 02.02.2017 passed by the Foreigners Tribunal, Barpeta-11th, Assam, in F.T Case No.32/2015, by holding that the petitioner has failed to discharge the burden of proof under Section 9 of the Foreigners Act, 1946 and held him to be an illegal immigrant who entered India without valid documents after 25.03.1971.

The petitioner was proceeded before the aforesaid Tribunal after the reference was made as his citizenship was found doubtful.

3. The petitioner after receiving notice appeared before the Tribunal and filed his written statement dated 29.08.2016 and he also exhibited number of documents like voters list of 1966, 1970, 1985 and 2005 etc. and other documents in support of his claim that he is an Indian. He also examined himself as D.W.1 and one Idris Ali as D.W.2,

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