JUDGMENT :

A M Bujor Barua, J.

Heard Mrs. BD Sarma, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC for the respondents No.1 and 6 being the Union of India and the authorities under the NRC, Ms. A Verma, learned standing counsel Foreigners Tribunal for the respondents No.2 and 4, being the authorities under the Home Department, Government of Assam as well as the Superintendent of Police (Border), Barpeta, Mr. AI Ali, learned standing counsel for the respondent No.5 being the Election Commission of India, Ms. K Phukan, learned Government Advocate for the respondent No.3 being the Deputy Commissioner, Barpeta.

2. The petitioner Forman Khan was subjected to his name being marked ‘D’ in the voters’ list of 1997 of village Belortari, PS Barpeta, Barpeta district. Accordingly a reference was made to the Foreigners’ Tribunal No.1, Barpeta for rendering an opinion as to whether the petitioner is a person who had entered the State of Assam subsequent to 25.03.1971 and in the process IMDT Reference Case No.81/1997 renumbered as F.T. Case No.145/2017 was registered.

3. The Foreigners’ Tribunal No.1, Barpeta by its opinion dated 05.04.2019 had opined that the petitioner could not establish that he is a bonafide citizen of India and that he had not entered India after the cutoff date i.e. 25.03.1971.

4. Before the Tribunal, the petitioner exhibited the voters list of 1966 of village Belortari, PS Barpeta of Barpeta district wherein Sl. No. 215 contains the name of Sangsher Kha son of Manik kha aged about 67 years and Lil Khatun wife of Sangsher aged 45 years.

5. The petitioner also exhibited the voters list of 1970 of village Belortari, PS Barpeta, Barpeta district wherein Sl.No.296 contains the name of Sangsher Kha son of Manik Kha and Sl.No.297 contains the name of Lil Khatun wife of Sangsher. The petitioner thereafter exhibited the voters list of 1989 of village Belortari, PS Barpeta, Barpeta district wherein Sl.No.159 contains the name of Farman Khan the petitioner, showing his father to be Shangsher Khan. The petitioner also exhibited the voters list of 1997 of village Belortari, PS Barpeta, Barpeta district which is annexed as Annexure-1 and Sl.No 1033 contains the name of Forman Khan, the petitioner, showing his father to be Sangsher and Sl. No.1035, containing the name of Arman Khan showing his father to be Sangsher. The petitioner also deposed before the Tribunal and in cross had stated as extracted:

“…………On oath

XXX

By Govt. Pleader

My name is Forman Khan. My father’s name is Late Sangsher Khan. I born at Village- Belotari and presently residing at Belortari Village. My father dies about 38 years ago, name of my mother Late Lil Khatun, she died about 37 years ago.

My father and mother casted vote in the year 1966. I have never seen my grandfather. I casted vote in the year 1989. I have not submitted any other voter list after the year 1966 and 1970. It is not a fact that I have adduced false evidence.”

6. The petitioner contends that he being the son of Sangsher Khan whose name appeared in the voters’ list of 1966 and 1970 of village Belortari, PS Barpeta, Barpeta district and also his name appearing in the voters list of 1989 and 1997 also of village Belortari, PS Barpeta, Barpeta district establishes a clear link that he is the son of Sangsher Khan whose name appeared against the same village in the voters list of 1966 and 1970. A reading of the deposition of the petitioner in cross also makes it discernible that no question was put by the State authorities that Sangsher Khan of village Belortari, PS Barpeta, Barpeta district whose name appeared in the voters list of 1966 and 1970 is not the father of the petitioner or that the name of father of Forman Khan in the voters list of 1989 and 1997 of village Belortari, PS Barpeta, Barpeta district to be Shangsher Khan is different from the Shangsher Khan of the voters list of 1966 and 1970. Further the petitioner had the Gaonburah of village Belortari, P.S. Barpeta, Barp