IMPORTANT POINT
The court reaffirmed that the burden of proof for citizenship lies with the claimant, requiring reliable evidence linking them to their ancestors.

JUDGMENT :

Susmita Phukan Khaund, J.

1. Heard Mr. A.W. Aman, learned counsel for the petitioner. Also heard Mr. A.I. Ali, learned Standing Counsel, Election Commission of India for the respondent No. 2, Mr. A. Kalita, learned Standing Counsel, Home Department, Assam for the respondent Nos. 3 & 5 and Mr. R. Talukdar, learned Government Advocate, Assam for the respondent No. 4.

2. The petitioner in this case is Rejak Ali @ Md. Abdul Rejak. The Union of India, the Election Commission of India, the Home Department, the Deputy Commissioner (DC for short), Kamrup (R), the Superintendent of Police (B) [ SP (B), for short] – Kamrup (R) and NRC are arrayed as respondent Nos. 1, 2, 3, 4, 5 and 6 respectively.

3. The petitioner has filed this application challenging the order/opinion dated 22.11.2019 passed by the Member, Foreigners Tribunal No. 4, Kamrup (R) in connection with H.F.T. Case No. 1067/2015, declaring the petitioner an illegal migrant who had entered into India after 25.03.1971.

4. The genesis of the case was that the S.I.(B) of Hajo Police Station, was directed by the SP(B), of Kamrup, to enquire about the citizenship of the petitioner vide Memo No. KP(B)/IM(D)T/2002/2099 dated 30.05.2002. The enquiry report was submitted by the SI(B) and thereafter, a reference was made by the SP(B), Kamrup, Assam vide reference No. KP(B)/IMDT/27(A)/87-2001, for an opinion if the petitioner is an illegal migrant or not.

5. It is apt to mention that it was found on enquiry that he petitioner belonged to village - Mirdari, Police Station – Baluka, District – Maimansingh of Bangladesh and he entered illegally into India after 25.03.1971.

6. On strucking down the Illegal Migrants (Determination) Tribunal Act, 1983, by the Hon’ble Apex Court, the Foreigners Tribunals were constituted for disposal of cases, relating to illegal immigrants and this case came up for disposal before the Foreigners Tribunal.

7. The Tribunal was pleased to issue notice and thereafter, the petitioner filed his Written Statement (WS for short) on 11.01.2019 and contested the case. To substantiate his stance, the petitioner examined himself as a witness and adduced the evidence of 3 (Three) other witnesses and submitted some documents. The witnesses were cross-examined on behalf of the Union of India.

Submissions on behalf of the petitioner :

8. It is contended by the learned counsel for the petitioner that he is a citizen of India. He was born at village – Khopanikuchi, Police Station – Hajo under Kamrup district. It is contended that the learned Tribunal by the order dated 22.11.2019 erroneously declared the petitioner to be a foreigner, based on irrelevant materials and this tantamounts to an error apparent on the face of the record.

9. It is submitted that the petitioner’s grandfather’s name is recorded in the NRC of 1951 as Hutka Seikh, son of Bamer Mulla of village – No. 2 Larkuchi, Mouza – Pachim Barkhetri in the then district of Kamrup. However, his great grandfather’s name is wrongly entered as Bamer Mulla instead of Samer Ali and Bamer Mulla and Samer Ali is one and the same person.

10. The petitioner’s grandfather’s name is recorded in the Voters’ List of 1966 as Sutka Seikh, son of Samer at Sl. No. 54, House No. 16, village – No. 2 Larkuchi, Mouza – Pachim Barkhetri, Police Station – Nalbari under 54 No. Chenga LAC under Kamrup district. His grandmother’s name is recorded as Saytan Bibi, wife of Sutka at Sl. No. 55 in the same Voters’ List. It is further submitted that the petitioner’s name along with his mother’s name appears in the Voters’ List of 1989. His mother’s name appears as Rohima Khatun wife of Hayad Ali at Sl. No. 777, House No. 233 at village – Khopanikuchi, Mouza – Ramdia, Police Station – Hajo under No. 55 Hajo LAC under Kamrup district. His name is recorded as Abdul Rejjak, son of Hayad Ali at Sl. No. 778 in the same Voters’ List. It is submitted on behalf of the petitioner that the petitioner’s father’s name is recorded in the said Voters List as “Hayad