HIGH COURT OF GAUHATI
AMIR HAMJA – Appellant
Versus
THE UNION OF INDIA AND 6 ORS. – Respondent
ORDER (ORAL)
05.02.2020 (P.J. Saikia, J.)
Heard the learned counsel, Mr. G. Uddin, appearing for the petitioner. Also heard Ms. G. Hazarika, learned CGC, representing respondent No. 4; Ms. B. Das, learned Standing Counsel, Election Commission, representing respondent No. 4; Mr. J. Payeng, learned Standing Counsel, Foreigners Tribunal, representing respondent Nos. 2, 3, 6 & 7; and Ms. U. Das, learned Standing Counsel, NRC, representing respondent No. 5.
2. In this writ petition, the petitioner has challenged the opinion dated 29.06.2019, passed by the Foreigners Tribunal, Tezpur 5th, at Biswanath Chariali, Biswanath, Assam, in BNC/FT Case No. 505/2016, arising out of S.P.’s F.T. Case No. 352/2008.
3. On a reference made by the Superintendent of Police (B), Sonitpur, Tezpur, the learned Tribunal issued notice to the petitioner asking him to prove that he is not a foreigner of post 1971 stream. The petitioner filed a written statement before the Tribunal and filed 6 (six) numbers of documents to prove his case. The documents are –
1. Exhibit-1, Gaon Bura certificate of Village Niz Laluk;
2. Exhibit-2, Gaon Panchayat certificate of Village No. 2 Petulibari;
3. Exhibit-3, Electoral Photo Iden
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