JUDGMENT :

AM Bujor Barua, J.

Heard Mr. A Matin, learned counsel for the petitioner. Also heard Mr. G Sharma, learned counsel for the Home and Political Department, Government of Assam, Ms. K Phukan, learned counsel for the Deputy Commissioner Karimganj and Ms. J. Sarma, learned CGC for the Union of India.

2. The petitioner Ranjit Das was referred to the Foreigner’s Tribunal-II, Karimganj for an opinion as to whether he is a person who had entered India subsequent to 25.03.1971, which resulted in registration of the FT Case No.831/2007. In order to establish that he is not a person who had entered India subsequent to 25.03.1971, the petitioner made his own deposition before the Tribunal which is extracted as below:

“My name is Ranjit Das

My father’s name is Nanda Lal Das.

I am by Caste Hindu.. My home is at Kaylaghat, Police Station- Patharkandi, District Karimganj, I reside at Village-…… Police Station…….. District…….. Where I am Cultivator.

O.S.A.

I am the O.P. of this Case. I was born in village- Uptakhali under Dharmanaga Police Station of North Tripura District of Tripura State. I cannot remember my date of birth. The name of my father is Nanda Lal Das. My father came to Kaylaghat in the year 1977 by saling the land of Uptakhali under Dharmanagar P.S. The name of my father is enlisted in the voter list 1966 of No29 North Dharmanagar L.A.C. vide Sl.No.46, House No. Uptakhali of Part No.18. Ext.1 is the photo copy of the said voter list which is proved in original. My name is enlisted in the Voter List of 1977 of No.2 Patharkandi L.A.C. vide Sl.No.214 House No.72 of Part No.82(Ka). Ext.2 is the photo copy of said Voter List which is proved in original. My name is also enlisted in the Voter List of 2005 of No2, Patharkandi L.A.C. vide Sl. No.257 House No.58 of Part No.89. Ext.3 is the Certified Copy of my Voter List. I am not a foreigner but a Citizen of India. Police referred my Case without any enquiry.”

3. The petitioner also exhibited the voters’ list of 1966 of village Uptakhali under 29 North Dharma Nagar Legislative Assembly Constituency of Dharmanagar Sub-Division in the State of Tripura wherein the name of his father Nanda Lal Dasi son of Shisanna Das appears at Sl.No.46. Petitioner also exhibited the voters’ list of 1970 of village Uptakhali under 29 North Dharma Nagar Legislative Assembly Constituency of Dharmanagar Sub-Division in the State of Tripura wherein also the name of his father Nanda Lal Dasi son of Shisanna Das appears at Sl.No.46.

4. The petitioner also exhibited voters’ list of 1985 showing the name of the village Kaylaghat under Patharkandi Police Station in the Karimganj district which contains the name of his father Nandalal Das, son of Shibendu Das as well as the voters’ list of 1989 also of village Kaylaghat under Patharkandi Police Station in the Karimganj district wherein at Sl.No.808 contains the name of the petitioner Ranjit Das, son of Nandalal Das and at Sl.No.810 contains the name of his father Nandalal Das, son of Bishenya Das. The petitioner further exhibited the voters’ list of 1993 of village Kaylaghat under Patharkandi Police Station in the Karimganj district wherein at Sl.846 contains the name of his father Nandalal Das son of Shishanya Kumar Das and at Sl.No.847 contains the name of the petitioner Ranjit Das, son of Nandalal Das. The petitioner also exhibited an admit card annexed as Annexure –A page 14 to the writ petition issued by the Board of Secondary Education Assam which shows the date of birth of the petitioner to be 03.02.1971, but the admit card shows the name of the father of the petitioner to be Nanda Kumar Das.

5. The Tribunal by its order/opinion dated 26.02.2014 declared the petitioner to be a foreigner who entered India subsequent to 25.03.1971 and the order of the Tribunal is as extracted:

“This Misc Case (Review) case has been filed by the Petitioner/O.P. Ranjit Das under order 47 rule 1 CPC. for review the judgement and order dated 26/2/2014 passed in F.T. Case No. 831/2007.