ORDER

22.03.2022 (N.Kotiswar Singh, J.)

Heard Mr M U Mahmud, learned counsel for the petitioner. Also heard Mr A Kalita, learned Special Counsel, Foreigners’ Tribunal.

2. In this petition, we are faced with a peculiar problem. It appears that one proceeding was initiated against Md Nurul Hussain, Son of Md Abdul Kadir, Resident of Kawoi Mari Village, under Samoguri Police Station in Nagaon District of the State of Assam, who had been alleged to have entered from Mulabi Bazar Village of Sylhet District under Mulabi Police Station of Bangladesh. In the said inquiry report, which is available on record, it is also mentioned that the said Md Nurul Hussain is married and the name of his wife is Smt Jamuna Begum and having two daughters, namely, Ms Moni Begum and Ms Juri Begum. However, for reasons we do not understand, the present petitioner appeared before the learned Foreigners’ Tribunal, Jorhat, though he claimed that he is not the said Nurul Hussain. The present petitioner identified himself as one Nur Hussain, Son of Abdul Kadir and resident of Kadamguri Village, P.O.- Kawoimari, under Mouza-Rangagarh, P.S.- Rupahihat, in Nagaon district of the State of Assam. The petitioner also claimed that his mother is Sahera Khatun, his grandfather’s name is Late Abdul Motalib and his father has four brothers, namely, Abdul Kadir, Abdul Sabir, Abdul Malek, Abdul Khalek. The petitioner also states that he has three brothers, namely, Mokbul Hussain, Ali Hussain, Nobir Hussain and one elder sister, namely, Julekha Khatun. He also claimed that his wife’s name is Rekiba Begum, who is the daughter of one Late Sahabuddin Ahmed of Village-Sintamonigarh under Gaurisagar Police Station in the district of Sivasagar, Assam and he has two children, namely, Masuma Begum and Ajijul Hussain. Thus, he claims that he is not the proceedee.

3. However, it appears that even though the petitioner claims that he is not the proceedee, he continued to appear before the learned Tribunal, producing documents, of which, we again fail to understand how he appeared before the Tribunal. Be that as it may, the learned Tribunal, after considering the documents and evidences on record, on 25.10.2017, also made an observation about the identity of the present petitioner and the proceedee as follows:-

“14. Moreover, the proceedee neither in his Written Statement nor in his written evidence stated that in the reference his age, the name of his wife and children are mentioned wrongly.

However, from all the discussion above, it is established that the suspect of the reference, i.e., Nurul Hussain, S/O Abdul Kadir, of Kawaimari Village and Nur Hussain, S/O Abdul Kadir, resident of Kodomguri, whose documents are produced before the Tribunal, are not the same and one person and OPW-2 also, who has identified himself as the father of the proceedee is not the father of Nurul Hussain of Kawaimari Village. The proceedee has produced the documents of Nur Hussain, S/o Abdul Kadir of Kodomguri, as his documents to prove himself as Indian citizen and as such he has failed to prove his Indian Citizenship.”

4. Thus, on 25.10.2017, the learned Tribunal also gave a finding that the present petitioner, Md Nur Hussain, Son of Abdul Kadir, resident of Kodomguri, is not the said proceedee, i.e., Md Nurul Hussain, S/o Abdul Kadir, of Kawaimari Village. The learned Tribunal accordingly declared the proceedee, namely, Md Nurul Hussain, S/o Md Abdul Kadir, C/o Md Zehuruddin Saikia, resident of Village- Hatikukh, P.S. & District- Sivasagar and permanent resident of Village- Kawoi Mari Gaon, P.S.- Samoguri, District- Nagaon, Assam, to be a foreigner, who entered India illegally from the specified territory after 24.03.1971. The said opinion of the learned Tribunal, Jorhat, rendered on 25.10.2017 in FT/SVR/63/04, is the subject matter of challenge, in this petition.

5. As mentioned above, if the present petitioner is not the said proceedee, we fail to understand how the petitioner has locus standi to file th