The court affirmed that citizenship claims must be substantiated by credible documents demonstrating lineage to ancestors present in India prior to 1971, rejecting mere assertions.

JUDGMENT :

A.M. Kalita, J.

Heard Mr. R.C. Das, learned counsel appearing for the Petitioner. Also heard Mr. B. Sarma, learned CGC; Mr. A. I. Ali, learned Standing Counsel, ECI; Mr. P. Sarma, learned Addl. Senior Government Advocate as well as Ms. A.Verma, learned Standing Counsel, F.T. and Border matters.

2. The Petitioner has filed the instant writ petition assailing the Opinion dated 27.03.2019, in F.T. (8) Case No. 3640/18 (Ref. TZP (B) F.T. Case No. 20/18), passed by the learned Foreigners’ Tribunal (In short, the Tribunal) No. 8, Tezpur, whereby the learned Tribunal opined the Petitioner/Proceedee to be a Foreigner who entered Assam on or after 25.03.1971.

3. The instant case was forwarded by the Superintendent of Police (B), Sonitpur, vide Reference TZP (B) F.T. Case No. 20/18, expressing doubt about the validity of the Petitioner, namely, Md. Ali Akbar with a prayer to decide as to whether the Petitioner is or, is not a Bangladeshi national. The aforesaid reference was registered as F.T. (8) Case No. 3640/18 on 13.06.2018. After receipt of the notice, the Petitioner appeared before the learned F.T and filed his written statement. Thereafter, the Petitioner deposed himself as DW-1, DW-2 is the mother of the Petitioner, i.e., Nechabi Khatun, DW-3 is the maternal uncle of the Petitioner, namely, Md. Abdul Rahman, DW-4 is the Gaon Bura, namely, Sri Kanak Karmakar, DW-5 is the RMO, Election Office, Tezpur, namely, Prabhat Bora, DW-6 is the Govt. Gaonbura of Lakhupara and Sialmari village, namely, Usuf Ansari, DW-7 is the Gaon Panchayat Secretary, namely, Jagadish Deka and DW-8 is the Sr. Asstt., Sr. Sub-Registrar Office, namely, Gagan Bania.

4. The Petitioner has exhibited the following documents in support of his defence and pleaded himself not to be a Foreigner but, an Indian national: -

EXT. 1 is the NRC of 1951.

EXT. 2 is the Sale Deed.

EXT. 3 is the Sale Deed.

EXT. 4 is the voter list of 1965.

EXT. 5 is the voter list of 1971.

EXT. 6 is the voter list of 1975. EXT. 7 is the voter list of 1997. EXT. 8 is the voter list of 2010.

EXT. 9 is the voter ID.

EXT. 10 is the Affidavit.

EXT. 11 is the Gaonburah Certificate. EXT. 12 is the Gaonburah Certificate. EXT. 13 is the Land Revenue Receipt.

EXT. 14 is the Marriage Link Certificate.

5. The Petitioner’s case in his written statement is that the Petitioner is a genuine citizen of India by birth. The names of the Petitioner’s parents are Late Abdul Jalil and Musstt. Nechabi Khatun and they originally resided at village Bhergaon, P.S. Dhekiajuli, now Thelamara, District Sonitpur, Assam, wherein the Petitioner’s father name appeared in the NRC Legacy Data in the year 1951. The Petitioner is the only son of Late Abdul Jalil. His father died during his childhood, therefore, his father’s name never appeared in the Voters’ list of 1966 and thereafter, after the death of his father, the Petitioner’s mother, namely, Mustt. Nechabi Khatun came to stay in the house of his maternal grandfather, namely, Late Intaj Ali at village Kalakuchi, P.S. Missamari, District-Sonitpur, Assam. The Petitioner’s maternal grandfather, Late Intaj Ali purchased a plot of land by a registered Sale Deed on 04.02.1949. The paternal grandfather of the Petitioner was Late Adam Kha, who originally resided at village Khelmati, District Sonitpur, Assam and he pos