JUDGMENT & ORDER (CAV)

(S. Jahan, J.)

Heard Mr. Z. Hammad, learned counsel for the petitioner. Also heard Mr. C.K. S. Baruah, learned CGC; Ms. A. Verma, learned Standing Counsel for the FT and Border matters; Mr. N. Kalita, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel for the ECI and Ms. R. B. Bora, learned Government Advocate for the State respondent.

2. The petitioner has filed this application with the endeavor to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, for a writ in the nature of Certiorari for setting aside the Opinion dated 28.03.2017, passed by the learned Member, Foreigners Tribunal-5th, Morigaon, Assam in F.T. (D) Case No. 563/2016 (New Number), F.T. (D) 1233/2012 (Old Number), arising out of D/N Case No. 1601/98 dated 22.06.1998, by which, the petitioner was declared as a foreigner of post 25.03.1971 stream. The petitioner, in the alternative, had also prayed for remanding the matter back to the learned Tribunal for considering his case in its true perspective.

FACTS :-

3. It is the case of the petitioner that he is the son of Late Abdul Jabbar @ A. Jabbar and that he was born and brought up at village Datialbori, P.S.- Bhelowguri, Mouza-Moirabari, in the district of Morigaon, Assam. It is the further case of the petitioner that he was suffering from mental disease and was a patient in Lokopriya Gopinath Bordoloi Regional Institute of Mental Health, Tezpur, Assam. To substantiate the said contention, the petitioner relied on one OPD Ticket which was issued by the said hospital in favour of the petitioner, by which medicines were prescribed to the petitioner for his mental illness. The petitioner further relied on a certificate dated 17.08.2015, issued by the Village Headman (Gaonburha), Kisam Borbori, Datialbori, Hugoltoli, in favour of the petitioner as well as another certificate dated 15.09.2015, issued by the President of Gaon Panchayat, Morigaon, Assam. He also relied on a School Certificate dated 10.07.2012, issued by the Headmaster of Dakhin Borbori Bagarijopa L.P. School.

4. Further, the petitioner also relied on the Voter list, wherein, his father had appeared as a voter before the cutoff date of 25.03.1971. The petitioner also stated that his grandfather had purchased a plot of land in the district of Morigaon by way of a Sale Deed dated 14.10.1957, which was, thereafter, inherited by his father.

5. On being suspected of not being an Indian citizen, the Superintendent of Police (Border), Morigaon referred the case to the then Chairman, IMDT, Nagaon, which, however, was later on transferred to the Court of the learned Member, Foreigners Tribunal-5th, Morigaon, Assam and his case was adjudicated upon.

6. The learned Tribunal issued notice to the petitioner and on receipt of the same, the petitioner filed his written statement.

PLEADINGS ACCORDED BY THE PETITIONER IN HIS WRITTEN STATEMENT :-

(i) The Verification Officer did not make the proper enquiry and submitted a false report, on the basis of which, the case is registered.

(ii) The Verification Officer had neither visited his house nor issued any notice to produce the relevant documents by the petitioner.

(iii) The petitioner’s father was born at village Datialbori, P.S.- Laharighat, District-Morigaon, Assam and that his father casted his vote in the year 1966 and 1971 from the same address.

(iv) In support of his claim for citizenship, the petitioner exhibited the following documents-

(a) 1966 Voter list, wherein, his father was shown as a voter.

(b) 1971 Voter list, wherein, the same position continued.

(c) 1993 Voter list, wherein, the name of the petitioner was shown as a voter.

(d) 1989 Voter list, wherein, the same position continued.

(e) Registered Sale deed of buying a land by the projected father, Sudhan Mondal.

(f) Registered Sale deed of buying a land by the projected father, Sadu Moral.

(g) Revenue Receipt in the name of projected father, Suhan Seikh.