order

Date : 13-05-2019 (Manojit Bhuyan, J)

Heard Mr. I.H. Saikia, learned counsel for the petitioner as well as Mr. U. K. Nair, learned senior counsel representing respondent nos. 2, 3, 4 and 5. Ms. B. Das, learned counsel represents respondent no. 6 whereas Ms. U. Das, learned counsel appears for respondent no. 7. None appears for the respondent no. 1.

Petitioner assails order/opinion dated 28.01.2019 passed by the Foreigners’

th Tribunal No. 5 at Goalpara, in F.T. Case No.-F.T./5/310/MA/16, declaring him to be a foreigner, having illegally entered into India (Assam) after 25.03.1971.

In the proceedings before the Tribunal the petitioner submitted written statement and adduced evidence, as required of him under Section 9 of the Foreigners’ Act, 1946, for the purpose of discharging the burden as not being a foreigner. In order to establish his lineage to Indian parents relatable to a period prior to 24.03.1971, the petitioner projected one Tomser Ali, son of Arob, as his father, whose name appeared in the Exhibit-A Voter List of 1966 pertaining to village Chaysimana of mouza Baghbor, in Barpeta Sub-division. In the said Voter List of 1966 the name of one Dehnobi Nessa also appeared.