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ACHINTYA MALLA BUJOR BARUA, ARUN DEV CHOUDHURY
Abu Samad Ali S/o Harej Ali Mondal @ Harej Ali – Appellant
Versus
Union Of India Rep. By The Secy. , Ministry of Home Affairs, Govt. Of India, Shastri Bhawan, New Delhi – Respondent
JUDGMENT :
A.M. Bujor Barua, J.
Heard Ms. H Betala, learned counsel for the petitioner. Also heard Ms. L Devi, learned counsel for the respondents no. 1 and 4 being the authorities under the Union of India, Ms. A Verma, learned counsel for the respondents no. 2, 5, 7, 8 and 9 being the authorities under the Home Department of the Government of Assam, Mr. A Ali, learned counsel for the respondent no. 3 being the Election Commission of India and Ms. K Phukan, learned counsel for the respondent no. 6 being the Deputy Commissioner, Goalpara.
2. The petitioner Abu Samad Ali was referred to the Foreigners Tribunal Kamrup (Metro) No. 2 at Guwahati for rendering an opinion as to whether he entered the State of Assam subsequent to 25.03.1971, which resulted in the registration of FT Case No. 568/2015. 7. The Tribunal in its order dated 04.05.2019 in FT Case No. 568/2015 declared the petitioner as foreigner who entered the State of Assam subsequent to 25.03.1971. Being aggrieved this writ petition is instituted.
3. Before the Tribunal the petitioner exhibited the voters’ list of village 222 Nayapara Part II, PS Goalpara, Circle Matia in the Goalpara district which contained the names of Mosirudd
The burden of proof rests on the claimant to provide consistent documentary evidence. When significant discrepancies exist in age, identity, and genealogical links across historical records, such evi....
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