AJIJUR RAHMAN Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 1.7.2011 passed by the learned Single Judge in Writ Petition (C) No. 2358/2011 dismissing the writ petition of the appellant against the order of the learned Foreigners Tribunal, Morigaon declaring the appellant as foreigner under section 2(a) of the Foreigners Act, 1946.

(2.) On a reference made to the Foreigners Tribunal under the provisions of Foreigners (Tribunal) Order, 1964, notice was issued to the appellant, but he denied the allegation of his being foreigner and submitted that his parents Hazarat Ali and Aiton Nessa had already died. His father was a voter in the voters' list of 1965 and the voters' list of 1970 and he himself was a voter in voters' list of 1997.

(3.) The State led evidence comprising inter alia of PW 2, Shri Prafulla Ch. Bora, who stated that on the enquiry conducted, he found that the appellant had migrated from village & P.S. Lakhai, District- Syllet of Bangladesh after 25.3.1971 and he settled on Government land at Naramari Reserve. This allegation was supported by P.W. 1, Pitkan Bardaloi, the local Goanburah. The appellant who was examined himself as O.PW 1 stated that his parents had died and they had come from village Goraimari under Laharigahat police station and he had studied at Solmari High school. He proved the School certificate, Ext.Ka. He also proved Exts Kha and Ga, voters' lists of 1965 and 1977.