IMPORTANT POINT
The court emphasized the necessity for credible evidence to establish citizenship, highlighting procedural fairness and the burden of proof on the individual asserting citizenship.

JUDGMENT :

KALYAN RAI SURANA, J.

1. Heard Mr. F.U. Barbhuiya, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC, appearing for the respondent no. 1. Mr. J. Payeng, learned special counsel for the Home Department, representing respondent nos. 3, 6 and 7, Mr. H.K. Hazarika, learned Junior Govt. advocate appearing for respondent no. 3. None appears on call for respondent no. 5.

2. By an opinion dated 25.05.2018, passed by the learned Member, Foreigners’ Tribunal 2nd Nagaon in F.T. Case No. 820/2011, bearing S.P. Ref. IMDT Case No. 393/2002, the petitioner, Sahjahan Ali, was declared to be a foreigner who has entered into India after 25.03.1971 from the specified territory i.e., Bangladesh. The said opinion has been assailed in this writ petition filed under Article 226 of the Constitution of India.

3. The case record was called for and received from the learned Tribunal. The case record reveals that the Superintendent of Police (B), Nagaon had lodged an FIR which was registered as IM(D) T Case No. 393/2002 dated 29.06.2002, inter alia, alleging that the petitioner was an illegal migrant. In this connection, the Inquiry Officer (I.O. for short) who was the then S.I. (B) at Kachua P.S. had examined two witnesses. The case records also reveals that in the Form-I dated 11.07.2002 prepared by the I.O., it has been mentioned that the father of the petitioner is Md. Morjat Ali, and that the petitioner is a male aged 22 years, having a height of 5’- 9” with swarthy complexion and he is a daily rate labour, and that he had entered into India after 25.03.1971, for a better living. In column 12 of the report dated 12.09.2002 of the I.O. under Form-II, it has been stated in that the petitioner had entered from village Laskarpur, P.S. Gowainghat, Dist. Sylhet, Bangladesh after 25.03.1971. In column 18(iii) thereof, it has been stated that the petitioner has entered through unauthorized route. In the note of the I.O. it is stated that during enquiry the petitioner could not produce any documentary evidence in support of Indian national. The said report was forwarded to the S.P. (Border), who had referred the matter to the IM(D) T, Nagaon for a decision as to whether or not the petitioner has entered into India/ Assam after 25.03.1971. The said reference then taken up by the learned Member, Foreigners’ Tribunal 2nd, Nagaon.

4. On service of notice of the case, the petitioner appeared before the learned Tribunal and had filed his written statement on 21.12.2017. It was disclosed by the petitioner that his grandfather Hurmat Ali, father of Morjat Ali (father of the petitioner) entered Assam in the year 1931 from East Pakistan and started to live at village- Satlunga, Mouza Garubat, P.S. Kampur and his name appeared in the voter list of 1996, under 92 No. Jamunamukh Constituency, Part No. 42, S. No. 126 and his name also appeared in the voter list of 1970, under 92 No. Jamunamukh Constituency, Part No. 42, S. No. 114. It was also stated that subsequently due to division of the constituency, village Satlunga under Kachua P.S. came under 82 No. Raha Constituency and the name of Morjat Ali, the father of petitioner appeared in the voter list of 1997 under 82 No. Raha Constituency at S. No. 433, and that the name of the petitioner appeared at S. No. 437 and since then the petitioner has been casting his vote. It was also stated that the name of his father appeared in voter list under 82 No. Raha constituency at S. No. 409 and the name of the petitioner appeared in the voter list of 2005 at S. No. 504 and voter list of 2011 at S. No. 612. It was also stated that the petitioner had studied at No. 2 Kachua Madrassa of Satlunga village and his date of birth is mentioned as 31.12.1980 in the school certificate. It was also stated that the name of Hurmat Ali, grandfather of the petitioner is mentioned in the Legacy Data of 1951 and 1966. It was also stated that in the year 2008, the petitioner had purchased land measuring half a bigha, whi