IMPORTANT POINT
The court reaffirmed that the burden of proof lies with the petitioners to establish their citizenship, emphasizing the limited scope of review jurisdiction.

JUDGMENT :

Nelson Sailo, J.

Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. A.M. Ahmed, learned counsel for the petitioners. Also heard Mr. J. Payeng, learned Standing Counsel for the F.T. matters, Mr. R.K. Talukdar, learned Govt. Advocate and Mr. A.I. Ali, learned Standing Counsel for the Election Commission of India.

2. By filing this Review Petition, the petitioners have sought review of the Judgment & Order dated 31.01.2018 passed by this Court in WP(C) No. 6771/2014, by which the Order dated 19.06.2014 passed by the Foreigners Tribunal (2nd), Morigaon, Assam in F.T (C) Case No. 350/2011 (State of Assam –Vs-Md. Chiraj Ali & Ors.) declaring the petitioners to be foreigners and who had illegal entered into India (Assam) from Bangladesh after 25.03.1971 was upheld.

3. The petitioners have preferred the instant Review Petition on the following grounds:-

“A. For that, in the instant case, though there may be some minor discrepancies in regard to name and age which were prepared by some authorities, such as the enumerators at the time preparing voter lists, may be while sitting in the house of the Village-Headman or some leading person of the Village concerned, the names and the ages were furnished by them as they thought to be so, and in most of such cases, the person concerned were not even present on such occasion and these were done in simple belief not perceiving that such grave problem may arise in future for such discrepancies. So, the Hon'ble High Court may be pleased to consider in the light of the Judgment dated 14.02.2019 passed by the Hon'ble Supreme Court in a Criminal Appeal No.267/2019 (arising out of SLP (Crl.) No. 4500/2018) Sirajul Hoque -Vs-The State of Assam and Ors. This Hon'ble Court further be pleased to consider the entire materials, specially the "Family Tree" and "Final NRC" in the names of family members and be gracious enough to review the Judgment and order dated 31.01.2018 passed in W.P(C) No.6771/2014.

B. For that, the Learned Tribunal as well as this Hon'ble Court did not give any finding on the documents i.e voter lists of 1966, 1970 and land Jamabandi in the name of father Abdul Rashid of the petitioner No.3 and hence it is an error apparent on the face of records which required to be reviewed and/or modify.

C. For that, the petitioners categorically state that the petitioners No.1 and 2 are the sons of Abdul Aziz @ Abdul Ajit Kha whose name appeared in the voter lists of 1970 and subsequent voter list. The names of the petitioners No.1 and 2 appear alongwith their father and mother in the voter list of 1993 and 1997 under Laharighat LAC in the district of Nagaon and successfully established linkage with their father and mother. The School certificates in respect of all the petitioners established their linkage with their fathers and the same was not considered by the Tribunal as well as this Hon'ble Court.

D. For that, petitioners Nos.1 and 2 are regular Grade IV Govt. Employee under PDW and Legal Metrology Department, Assam and their appointments were made after Police verification which was not considered at all and hence required to be reviewed and modified.”

4. Mr. H.R.A. Choudhury, learned Senior Counsel referring to the Results for all NRC applicants as per Draft NRC & Supplementary List of Inclusion and Exclusion (Final NRC) annexed to the Review Petition as annexures 30, 31 & 32 submits that the names appearing in the said list namely, Abdul Mazid, Harmuz Ali and Hazrat Ali, all sons of Kalu Kha are the paternal uncle of the petitioner Nos. 1 & 2. He submits that after the writ petition was dismissed by this Court, the names of the relatives of the petitioners have been included in the NRC and therefore, the Judgment & Order dated 31.01.2018 passed by this Court may be recalled and the matter send back to the Foreigners Tribunal for rendering a fresh opinion. In support of his submission, the learned Senior Counsel relies upon the case of Abdul Kuddus –Vs- Union of India & Or