GAHC010232452018

2025:GAU-AS:228

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/7440/2018

AMZAD TALUKDAR @ AMZAD ALI

S/O SUBHAN ALI TALUKDAR @ SUBHAN TALUKDAR @ SUBHAN

R/O VILL- PURBALOWASHUR, MOUZA- BHAWANIPUR, P.S. AND DIST.

BARPETA, ASSAM

VERSUS

THE UNION OF INDIA AND 5 ORS.

REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME

AFFAIRS, SHASTRI BHAWAN, NEW DELHI-1.

2:THE STATE OF ASSAM

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

HOME DEPARTMENT

DISPUR GUWAHATI -06.

3:THE DEPUTY COMMISSIONER

BARPETA

PO.O. AND DIST. BARPETA

ASSAM

PIN - 781301.

4:THE SUPERINTENDENT OF POLICE (B)

P.O. AND DIST. BARPETA

ASSAM

PIN -781301.

5:THE ELECTION COMMISSION OF INDIA NEW DELHI TO BE REP. BY CHIEF ELECTION COMMISSIONER OF INDIA NEW DELHI-1.

6:THE STATE CO-ORDINATOR OF NATIONAL REGISTRATION ASSAM BHANGAGARH LACHIT NAGAR GUWAHATI-5 Advocate for the Petitioner : DR. B AHMED, MR. N HAQUE,MR. S R BARBHUIYA,MR M HUSSAIN Advocate for the Respondent : ASSTT.S.G.I., SC, F.T,MR J PAYENG,SC, NRC,SC, ECI,MS. A VERMA,MR. D BARUAH BEFORE HON’BLE MR. JUSTICE KALYAN RAI SURANA HON’BLE MR. JUSTICE KARDAK ETE For the petitioner : Mr. M. Hussain, Advocate.

For respondent No.1 : Ms. K. Deka, Advocate.

For respondent Nos.2 and 4 : Mr. J. Payeng, standing counsel.

For respondent No.3 : Mr. H.K. Hazarika, Govt. Advocate.

For respondent No.5 : Mr. H. Kuli, Advocate.

For respondent No.6 : Mr. G. Sarma, standing counsel.

Date of hearing : 06.11.2024. Date of judgment : 08.01.2025.

JUDGMENT AND ORDER (CAV (K.R. Surana, J)

Heard Mr. M. Hussain, learned counsel for the petitioner. Also heard Ms. K. Deka, learned counsel, appearing on behalf of Ms. R. Devi, learned CGC; Mr. J. Payeng, learned standing counsel for FT matters, representing respondent nos. 2 and 4; Mr. H.K. Hazarika, learned Govt. Advocate for respondent no.3; Mr. H. Kuli, learned counsel, appearing on behalf of Mr. A.I. Ali, learned standing counsel for the respondent no.5; and Mr. G. Sharma, learned standing counsel for respondent no.6.

2) The opinion dated 23.07.2018, passed by the learned Member, st Foreigners’ Tribunal No.1 , Barpeta, in F.T. Case No. 14/2017 [arising out of IM(D)T Ref. Case No. 5233/98], thereby answering the reference by holding the petitioner to be foreigner of post 25.03.1971 stream, has been assailed by filing this writ petition under Article 226 of the Constitution of India.

3) On reference being made by the Superintendent of Police (Border), Barpeta, alleging that the petitioner, Amzad Ali, son of Sobhan of Village- Purbalowashur, P.S. Barpeta in the district of Barpeta is a foreigner, proceedings was registered as F.T. Case No. 14/2017. On receipt of notice, the petitioner had entered appearance and contested the proceeding by filing his written statement denying the allegations and in support of his stand, he had annexed 8 (eight) documents, viz., photocopy of voter list of 1965 of projected grandfather; photocopy of certified copy of voter list of 1970 of projected father and mother; photocopy of certified copy of voter list of 1989, 1997 and 2010 of projected mother; photocopy of voter list of 1997 with ‘D’ mark; photocopy of land document; Gaonbura’s certificate. Later on, the petitioner had also filed an additional written statement and in addition to previously filed document, had annexed an affidavit for name correction.

4) The petitioner had filed his evidence-on-affidavit as DW-1 and had exhibited following 8 (eight) documents, viz., (i) photocopy of certified copy of the voter list of 1965 containing name of Koshim Uddin Ali and Majiran Nessa, projected grandfather and grandmother (Ext.A); (ii) photocopy of certified copy of voter list of 1970 of projected uncle, father, mother and aunt, Azman Ali Talukdar, Suban Ali Talukdar, Suratan Nessa and Amiran Nessa (Ext.B); (iii) to (v) photocopy of certified copy of voter list of 1989, 1997 and 2010 of Amiran Nessa, projected mother (Ext.C, D and E); (vi) photocopy of jamabandi o