IMPORTANT POINT
The court upheld the Tribunal's decision declaring the petitioner a foreigner due to insufficient evidence of citizenship, emphasizing the importance of credible documentation.

JUDGMENT :

K.R. Surana, J.

Heard Mr. M.K. Hussain, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters; Mr. P. Sarmah, learned Additional Senior Govt. Advocate; and Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for ECI.

2. By filing this writ petition under Article 226 of the Constitution of India , the petitioner has assailed the opinion dated 29.05.2017, passed by the th learned Member, Foreigners Tribunal No.5 , Morigaon in Case No. FT(D) 522/2016 (new) [corresponding to FT(D) 206/2011 (old)], arising out of D/N Case No. 1070/98 dated 18.06.1998. By the impugned opinion, the petitioner was declared to be a foreigner, who has entered into India (Assam) on or after 25.03.1971.

3. In brief, the case of the petitioner is that on receipt of summons from the learned Tribunal, the petitioner had filed his written statement, inter alia, stating that the investigation and enquiry was made on the basis of false information. It was also stated that the petitioner was born and brought up at village- Moirabari in the present district of Morigaon. His father, Isab Ali, son of Ruson Ali, was enrolled as a voter in the voter lists of 1965 and 1970 under 84 No. Laharighat LAC. His own name was entered in the voters list of 1977. It was also stated that the name of his parents, namely, Isab Ali and Nurjahan and names of his brothers, namely, Habiz Uddin, Mofiz Uddin, Abdur Rohim and his own name were listed in the voter list of 1989 and 1993. It was also stated that his father’s name was also recorded in the record of rights i.e. jamabandi of the year 1952 and he has acquired the land as inheritance from his father. The petitioner claims that he had shifted to village- Durabandi Beel in the year 1995- 96, which is under Mouza- Moirabari, where he is presently a permanent resident. Accordingly, the petitioner has prayed that the proceeding against him be dismissed.

4. In course of the proceeding, the petitioner had examined himself as DW-1 and he has also examined one Ruhul Amin, Govt. Gaonburah as DW-2, who had exhibited a certificate under Sl. No. 1053/15 dated 15.08.16 as Ext.A, which was issued by him and his signature as Ext.A-1 and he was examined by the Court. The petitioner has also examined one Hazarat Ali, cultivator by profession and projected uncle of the petitioner as DW-3. The said witness has also exhibited the following documents, viz., (1) Certified copy of voters list of 1965 containing the name of Isab Ali, whom O.P. has projected as his father as Ext.B; (2) Certified copy of voters list of 1970 containing the name of Isab Ali, whom O.P. has projected as his father as Ext.C; (3) Certified copy of voters list of 1977 containing the name of O.P. Ramjan Ali as Ext.D; (4) Certified copy of voters list of 1985 containing the names of Isab Ali, Nurjan and the name of O.P. Ramjan Ali along with O.P’s purported brother Habez Ali and Anuwara, wife of Ramjan whom O.P. has projected as his father as Ext.E; (5) Certified copy of voters list of 1993 containing the name of Esab Ali, Noorjan, Habijudin, Mofijuddin and Abdul Rahim as voter of Vill- Pachim Moirabari as Ext.F; and (6) Copy of computer jamabandi for Vill- Moirabari wherein the name of Ramjan Ali S/O- Esab Ali is seen as Ext.G.

5. The learned Tribunal, upon appreciating the materials available on record, discarded the evidence of voters list of 1965 (Ext.B) and voters list of 1970 (Ext.C) by disbelieving the evidence of the petitioner because as per his projected age, the petitioner ought to have got his voting rights in the year 1972 and moreover, the voters list of the year 1977 (Ext.D) contained only one standalone entry of the petitioner without any other projected family members. The learned Tribunal had also disbelieved the entries in the voters list of 1985 (Ext.E) because as per entries m