ORDER

08.01.2021 (Manojit Bhuyan, J)

Heard Mr. K.M. Hassan, learned counsel for the review petitioner as well as Mr. P.S.

Lahkar, learned counsel representing respondent no.1. Mr. A. Kalita, learned counsel represents respondent nos.2, 5, 6, 7 and 8 whereas Ms. B. Das, learned counsel appears for respondent no.3. Ms. L. Devi, learned counsel accepts notice for respondent no.4.

Petitioner seeks review of the order dated 14.08.2019 dismissing the writ petition i.e.

WP(C) 3113/2019 wherein challenge was made to the opinion dated 16.07.2018 of the Foreigners’ Tribunal 2nd, Morigaon, Assam, in Case No.F.T.1223/2012. The relevant portion of the said order is extracted hereinunder:

“2. Petitioner assails order/opinion dated 16.07.2018 passed by the Foreigners’ Tribunal 2nd, Morigaon, Assam in Case No. F.T. 1223/2012, declaring him to be a foreigner, having illegally entered into India (Assam) from the specified territory i.e. Bangladesh on or after

25.03.1971.

For the purpose of discharging burden as required under section 9 of the Foreigners Act, 1946 to prove that he is not a foreigner, the petitioner projected one Sahed Ali as his father, Khatija Begum as his mother and one Saib Ali as his grandfather. The petitioner produced and exhibited 13 (thirteen) documents, particulars of which may be noticed as under:

(i) Exhibit-“Ka” – Copy of NRC of 1951 of village Khalihamari Pathar, Mouza-

Boragaon, P.S.-Lahorighat, District-Nagaon.

(ii) Exhibit-“Kha” – Undated copy of Ration Card No. 4004, in the name of Sahed Ali, issued by Tengaguri Samabai Samiti Ltd.

(iii) Exhibit-“Ga” – Land Revenue Receipt dated 05.09.1961 in the name of Sahedali Sheikh.

(iv) Exhibit-“Gha” – Land Revenue Receipt dated 10.03.1965 in the name of Sahedali Sheikh.

(v) Exhibit-“Unga” – Voter List of 1965 in the name of one Rustam Ali Munsi, son of Akbar Ali, aged 50 years, of village Fakli Pathar, Mouza-Juria, P.S.-Rupahihat, district-Nagaon.

(vi) Exhibit-“Cha” – Certificate issued by the Gaonburah of Kisam-Falihamari Pam/Pathar/Balipara Junble/Tengaguri, in favour of Arfan Ali, son of Late Sahed Ali.

(vii) Exhibit-“Chha” – Certificate issued by the Gaonburah of Kisam-Falihamari Pam/Pathar/Balipara Junble/Tengaguri, in favour of Khatija Khatun, wife of Late Sahed Ali.

(viii) Exhibit-“Ja” – Certificate issued by the Gaonburah of Kisam-Fakli Pathar in the name of one Khatija Khatun, wife of Late Sahed Ali.

(ix) Exhibit-“Jha” – School Leaving Certificate issued by Head Master, Phalihamari Pathar M.V. School.

(ix) Exhibit-“Nia” - Copy of Voter List of 2016 showing names of Khatija Khatun, wife of Sahed Ali; the petitioner Ashikur Rahman, son of Sahed Ali, and one Arfan Ali, son of Sahed Ali.

(x) Exhibit- “Ta” – Copy of jamabandi in the name of Sahed Ali.

(xi) Exhibit- “Tha” – Elector Photo Identity Card in the name of Ashikur Rahman, showing relationship to Sahed Ali.

(xii) Exhibit- “Da” – Elector Photo Identity Card in the name of Khatija Khatun, showing relationship to Sahed Ali.

From the above there is not a single document, as may be admissible in law, connecting himself to the projected father Sahed Ali. Most importantly, there is not a single voter list in the name of Sahed Ali as an elector. Not to say the least, there are no voter lists showing relationship between the projected father Sahed Ali and the projected mother Khatija Khatun.

The Exhibit-‘Ka’, being the copy of the NRC of 1951, as well as the Exhibit-‘Kha’ cover page of the Ration Card, both remained unproved in the absence of examination of the respective issuing authorities. Further, the NRC of 1951 in the names of the projected grandfather, father and other persons is not a document admissible in evidence, inasmuch as, the NRC updation process is yet to stand complete. The Exhibit-‘Ga’ and ‘Gha’, being land revenue payment receipts of the year 1961 and 1965 rendered itself as inadmissible in evidence without the original land records being produced to show that the revenue so paid was in respect of land belonging to the pr