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2022 Supreme(Gau) 1329

N. KOTISWAR SINGH, NANI TAGIA
Karim Ali – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
N. Ahmed, A.R. Sikdar, G. Sarma, U. Das, L. Devi, R.K. Dev Choudhury.

JUDGMENT :

N. KOTISWAR SINGH, J.

1. Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned Asstt. SGI, accepts notice for respondent no. 1; Mr. G. Sarma, learned Special Counsel, F.T., accepts notice for respondent no. 4 and Ms. U. Das, learned Judicial Government Advocate, Assam, accepts notice for respondent nos. 2 and 3.

2. In this petition the petitioner has challenged the impugned order dated 18/9/2017 passed in F.T. Case No. FT/5/341/MA/16 by the Foreigners Tribunal No. 5th, Goalpara.

3. After a reference was made and notice issued by the Tribunal, the petitioner duly appeared before the Tribunal and filed his written statement and produced a number of documents. The petitioner examined himself as DW-1 and his maternal uncle, namely Maharaj Ali as DW-2, his mother, namely, Kadbhanu Nessa as DW-3 and his younger brother, namely, Abdul Kuddus as DW-4 to substantiate that the petitioner is an Indian and not a foreigner. However, the Tribunal declined to believe the plea of the petitioner, primarily, on the ground that though there is evidence that his father had appeared in the Interme

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