ORDER

Date : 24-04-2019 ( Manish Choudhury,J )

Heard Mr. A.R. Sikdar, learned counsel for the petitioner as well as Mr. J. Payeng, learned counsel representing respondent Nos. 2, 3, & 4. Also heard eard Mr. A.I. Ali, learned counsel representing respondent No.5 and Ms.U. Das, learned counsel representing No.6.

None appears for respondent No.1.

2. The petitioner assails the order/opinion dated 28.02.2018 passed by the Foreigners Tribunal, No.1st, Nagaon passed in case No. F.T.(C) 190/2010 declaring the petitioner to be a Foreigner of post 25.03.1971 stream, having illegally entered into the territory of India (Assam) from the specified territory without any valid document.

3. On a reference made by the Superintendent of Police (Border), Morigaon, the Tribunal issued notice to the petitioner, his wife Mustt. Jutnara Begum and his daughter Mustt. Jamina Khatun of village - Basundhari, Police Station - Jagiroad, District - Morigaon. On receipt of the notice, the three noticees including the petitioner, duly entered appearance and contested the case by filling written statement on 04.08.2016.

4. The primary issue for determination is as to whether the petitioner succeeded to establish his linkage with his projected father Md. Akbar Ali, whose name appeared in the Voter List of 1965 (Ext.-C) and the voter list of 1970 (Ext.-B)

5. In the written statement, the petitioner had, inter-alia, stated that he was born in village – West Amarakanda, Police Station - Rupahihat, District – Nagaon, but he did not disclose about his date of birth. It was mentioned that about 30 (thirty) years before, he with his father shifted their residence to village – Basundhari. He married Mustt. Jutnara Begum who was from village - Nagarbandha, Police Station & District - Morigaon. It was further stated that Mustt. Jutnara Begum died about 16 (sixteen) years ago. The petitioner stated that apart from his actual name Md. Shahidullah Ali, he was also known as Sahidullah and Shahidul Islam. It was stated that Md. Akbar Ali was his father and his father’s name appeared in the voter list of

1965 and 1970.

6. The petitioner examined himself as D.W.1, producing and exhibiting 6 (six) numbers of documents:- (i) Ext-A - Voter List of 2016 of village - Basundhari, Police Station - Jagiroad, District - Morigoan of No. 79 Jagiroad (SC) LAC; (ii) Ext-B - Voter List of 1970 of village - West Amarakanda, Police Station - Rupahihat, District - Nagaon of No.87, Rupahihat LAC; (iii) Ext-C - Voter List of 1965 of village - West Amarakanda, Police Station - Rupahihat, District – Nagaon of Rupahihat LAC; (iv) Ext-D - a certificate dated 19.07.2016 issued by the Gaonbura in respect of the petitioner; (v) Ext-E - a certificate dated 19.07.2016 issued in respect of late Jutnara Begum; and (vi) Ext-F - a Birth Certificate of Miss Jemina Khatun. The petitioner further examined one Abdul Hakim, who was the father–in-law of the petitioner, as D.W.2. In his evidence, the petitioner reiterated the same facts as regards his birth place, shifting to village - Basundhari, marriage and death of his wife, etc. He further stated that he casted his vote in the year 2016 in the Jagiroad LAC whereas his father casted votes in 1965 and 1970 in Rupahihat LAC. He further deposed that he had two brothers (i) Habiullah and (ii) Motibon Rahman and they stayed together with their father. His mother, Rabia Khatun expired 18/19 years ago. The name of his grandfather was Jabed and he had two paternal uncles (i) Surez Ali and (ii) Zakir Ali. As Ext-E pertains to his wife Jutnara Begum who expired about

16(sixteen) years ago, it is not necessary to dilate further on the same.

7. On perusal of Ext–C - Voter List of 1965 and Ext–B - Voter List of 1970 in respect of village – West Amarakanda, Police Station – Rupahihat pertaining to Rupahihat LAC, the name of the Akbar Ali, son of Jobed was found enrolled therein and the petitioner projected said Akbar Ali as his father. In such view of the matter, the petitioner was r