A tribunal must provide reasoned justification for rejecting material evidence linked to citizenship claims. An order that fails to analyze critical documentary linkages is legally unsustainable and warrants remand for fresh adjudication to ensure justice.

JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

1. The petitioner in this case is Sahidul Islam, who is aggrieved by the judgment and order dated 14.05.2019 passed in FT Case No. 395/2017 by the learned Member, Foreigners’ Tribunal No. 3, Kamrup (M), declaring the petitioner to be an illegal migrant.

2. The Senior Superintendent of Police (B), City Guwahati, made a reference vide Jorabat OP Case No. 3199/2008 to the Foreigners’ Tribunal No. 3, Kamrup (M) 3^rd, Guwahati, for opinion about the nationality of the suspect Md. Sahidul Islam, S/O - Md. Harmuj Ali. Notices were issued and the petitioner appeared and submitted his written statement in support of his nationality. He also adduced the evidence of three witnesses and exhibited several documents. After careful examination of entire materials on record, it was held by the Tribunal that the petitioner has failed to prove that he is the grandson of his projected grandfather Late Danesh Ali and no linkage evidence was produced to prove his plea. The petitioner was thereby declared to be a foreigner.

3. Aggrieved by the impugned judgment and order, the petitioner is before this Court.

4. Heard Mr. A.M. Khan, learned counsel for the petitioner. Also heard Mr. U.K. Goswami, learned CGC; Mr. G. Sarma, learned Standing Counsel for the FT matters and NRC; Mr. A.I. Ali, learned Standing Counsel for the ECI and Mr. P. Sarmah, learned Additional Senior Government Advocate for the State respondent.

5. It is contended on behalf of the petitioner that the prosecution case is not maintainable since there is no cause of action and no such statement of allegation was furnished to the petitioner along with the notice issued by the Tribunal and as such, the impugned judgment and order dated 14.05.2019 is liable to be set aside. It is also contended that the petitioner's grandfather, Late Danesh Ali @ Danes Ali @ Dagesh was a voter since 1966 and his name has been enrolled in the voters list of 1966 pertaining to 50 No. Barpeta LAC at Sl. No. 1210 up to 1216 of House No. 378 of village Palhaji under Barpeta Mouza in the then district of Kamrup (now Barpeta). His grandfather's name also appears in the NRC of 1951 and accordingly, a legacy data was provided in favour of his grandfather vide Legacy Data Code Number 120- 0023-1554. It is also submitted that the petitioner's father's name has been mutated as Pattadar by way of inheritance in respect of a parcel of land appertaining Patta No. 150(O)/175(N) at village Garemari Pathar under Barpeta Mouza. The authority has also furnished a certified copy of jamabandi for the period of 1958-65 in respect of Patta land appertaining to Kheraj Miyadi Patta No. 175 of village Garemari Pathar under Barpeta Mouza.

6. The local Gaonbura of village Garemari Pathar and Palhaji have also issued certificates dated 15.09.2017 and 17.09.2017, certifying that the petitioner is the son of Harmuz Ali and Pawan Nessa, residents of village Garemari Pathar, P.O. Palhaji in the district of Barpeta. The petitioner has examined three witnesses to substantiate his stance that he is an Indian citizen. Despite the evidence in favour of the petitioner, he was declared to be a foreign national.

7. It is submitted that the petitioner's name appeared for the first time in the voters' list of 1989 and the grandparents of the petitioner died in the year 1975 and accordingly, the petitioner could not produce any voters' lists between the period of 1970 up to 1989. As a linkage, the petitioner exhibited the jamabandi copy of the land covered by Patta No. 175.

8. It is contend