The court reinforced that under the Foreigners Act, the burden of proving citizenship rests with the individual, and failure to provide adequate evidence results in the presumption of foreignness.

JUDGMENT :

(M. Nandi, J.)

Heard Ms. T. Begum, learned counsel for the petitioner. Also heard Mr. J.Payeng, learned Standing Counsel, FT matters; Ms. P. Baruah, learned Standing Counsel, ECI and Mr. P. Sarma, learned Government Advocate, Assam.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed to set aside the impugned order dated 13.12.2022, passed by the learned Member, Foreigners’ Tribunal, Bajali in F.T. Case No.381/2017, declaring the petitioner as foreigner who entered into India after 25.03.1971.

3. A police reference case was made against the petitioner. The Superintendent of Police (B), Barpeta forwarded the case to the Foreigners’ Tribunal, Bajali for adjudication. The case was registered vide F.T Case No.381/2017. On receipt of the summons, the petitioner appeared before the Tribunal and filed his written statement. In his written statement, the petitioner stated that he is a labour by profession. In his absence the Enquiry officer took his name and no enquiry was made to know his original identity and in support of his citizenship. But Superintendent of Police (B), Barpeta referred the case suspecting the opposite party as a foreigner of post 25.03.1971. The case was referred without fair investigation behind the back of the opposite party. Therefore, the question of producing documents before the I.O does not arise and as such, the alleged reference is illegal, faulty, bad in law and liable to be dismissed.

4. The written statement of the petitioner further discloses that he was born on 01.01.1955 and brought up at village – Dhumarpathar under Sarbhog P.S, the then Kamrup district (now Barpeta), Assam. His father’s name was Joinuddin and mother’s name was Jamiron Nessa. His father died in the year 1963. His grandparent’s name was Ahal Uddin and Moymon Nessa, who died long back. His father was the only child of Ahal Uddin.

5. It also reveals from the written statement that the petitioner has two brothers namely- Abul Kashem and Hasen Ali and one sister namely Jahura Khatun. The petitioner got married in the year 1980. All the family members of the petitioner are citizen of India by birth and there is no case pending against any member of his family.

6. The petitioner also stated in the written statement that he read up to class III at Chenglimari LP School, Barpeta where his father’s name was reflected and he left the Chenglimari LP School in the year 1965. In this regard, the Head master of the said school issued a certificate on 20.10.1985 and thereafter, due to financial hardship he could not pursue his further studies.

7. It also reveals from the written statement that the petitioner had owned and possessed a plot of land covered by Patta No.215, Dag No.346 of village – Dhumarpathar, inherited from her mother i.e. Jamiron Nessa and her name has been recorded in the jamabandi as a pattadar. After the death of his mother i.e. Jamiron Nessa, the names of her legal heirs i.e. the present petitioner and his brother Hasen Ali were mutated as pattadars of the said land. Moreover, gaonburah of village – Dhumarpathar issued a certificate in favour of the petitioner, whereby it was certified that the petitioner is the son of Joinuddin.

8. In support of his stand, the petitioner also adduced evidence-on-affidavit wherein he reiterated the same thing whatever he stated in his written statement and exhibited the