The court ruled that oral testimony alone is insufficient to prove citizenship; corroborative documentary evidence is essential under the Foreigners Act.

JUDGMENT :

K.R. Surana, J.

Heard Ms. T. Begum, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondents.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 31.07.2018, th passed by the learned Member, Foreigner’s Tribunal- 4 , Goalpara in FT Case No. FT(G-4) 18/M/17, arising out of IM(D)T Case No. 876 of 2000, by which the petitioner was held to be a foreigner of post 25.03.1971 stream.

3. On receipt of notice of the notice of the proceedings, the petitioner had appeared before the learned Tribunal and filed his written statement. The petitioner had denied that he was a foreigner as alleged and had stated that his parents and grandparents were also citizen of India by birth. The petitioner had alleged that the Investigation Officer did not visit his house and did not ask him to produce any document about his citizenship or nationality and without proper enquiry or investigation, a false case was submitted against the petitioner.

4. As the evidence of the petitioner as DW-1 is by and large similar to the averments made in the written statement, this order is not burdened with the contents of the written statement.

5. The petitioner had examined himself as DW-1 by filing his evidence- on-affidavit. The petitioner had reiterated his stand in the written statement. He had projected that the name of his father is Late Kabej Uddin @ Kajab Ali @ Kabej Ali and the name of his mother is Late Mohiron Nessa @ Mohiron Bewa. He had also projected that his grandfather’s name is Late Hekmot Ali and his grandmother’s name is Bibijan Nessa and the name of his step grandmother is Late Foziron Nessa.

6. By referring to the names appearing in the Electoral Roll of 1966 (Ext.A), the petitioner has stated that Hekmot Ali, son of Moksed Ali was his grandfather; Bibijan Nessa was his grandmother and Foziron Nessa was his step grandmother. Kobejuddin, was his father; Joidullah Sheikh was his uncle; and Bhanu Bibi was his aunt. By referring to the Electoral Roll of 1970 (Ext.B), it was stated that it contains the name of persons whose names appeared in the Electoral Roll of 1966 as well as the name of Juran Ali, his younger uncle.

7. The petitioner had stated that for better livelihood, his family had shifted from village- Geramari Part-II to village- Kaminir Vita about 41-42 years ago. By referring to the electoral roll of 1979 (Ext.C), it was stated that it contains the name of Kowaj Ali, son of Late Himmat, his projected father; Mohiran Nessa, mother; and Bibijan Bewa, his grandmother. By referring to electoral roll of 1985 (Ext.D), it was stated that it contains the name of the parents and grandmother of the petitioner. The petitioner has projected that he was born and brought up in village- Kaminir Vita, where he is residing since last 40 years. By referring to his PAN Card (Ext.E), it was submitted that the petitioner’s name was recorded as Mohor Ali, son of Kabas Ali. By referring to the electoral roll of 1997 (Ext.F), it was stated that his name was recorded as Mohor Ali, son of Kobaj Ali. The petitioner had stated that due to river erosion, he shifted with his family from village- Kaminir Vita to village- Rakhashini Jhar under Mornoi P.S. about 17 years ago and in the Electoral Roll of 2005 (Ext.G), his name was recorded as Mohor Ali, son of Kowaj Ali. The petitioner has exhibited his Electoral Photo Identity Card (EPIC for short) as Ext.H, where his name is recorded as Mohor Ali, son of Kabas Ali. The petitioner had also stated that his name is recorded as Mohor Ali, son of Kabaj Ali in the electoral roll of2015 (Ext.I).

8. The petitioner has stated that that the name of his father was recorded in t