LAWS(GAU)-2014-1-67

KALACHAND BARMAN Vs. UNION OF INDIA

Decided On January 21, 2014
Kalachand Barman Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS writ petition is directed against the common judgment and order dated 04.12.2012, passed by the learned Member, Foreigners Tribunal, Goalpara, in F.T. Case No.2583/G/10 (GLP Dist. Case No.455/2003)[(Union of India vs - (i) Krishna Kanta Barman, (ii) Arati Barman and (iii) Kapasi Barman] and in F.T. Case No.2581/G/2010 (Glp Dist. Case No.453/2003)[Union of India vs - (i) Kalachand Barman and (ii) Sahadev Barman]. By the said order, they have been declared to be foreigners of post 1971 stream, requiring their expulsion from Indian Territory and also deletion of their names from the voter list.

(2.) ON receipt of the notice from the Tribunal, the petitioners had entered appearance by filing written statements denying the plea of the State that they are illegal migrants. In the notice, they were indicated as illegal migrants from the then East Pakistan during the period from 01.01.1966 to 25.03.1971. In the written statement, the petitioners took the plea that they are not illegal migrants of 1966 and 1971 stream. According to them they had migrated to India in 1964 due to internal disturbance in the then East Pakistan. Further statement made in the writ petition is that they had taken shelter in the Dudhnoi Refugee camp. In the evidence in chief filed in the format of affidavit also the said stand was taken along with the stand that the name of the father of the petitioners No. 1 and 2 appeared in the voter list of 1970 and 1979 and also thereafter.

(3.) IN support of the stand of the petitioners, they had produced certain documents as mentioned in the impugned judgment of the learned Tribunal. One such document is the Annexure -1 Relief Eligibility Certificate incorporating the name of the father of the petitioners No. 1 and 2 Sri Ganga Ram Barman, showing him as son of Chand Mohan Barman. Other documents produced by the petitioners are the voter lists of 1970 and 1979 incorporating the name of Ganga Ram Barman. They also produced the Border Entree Slip of 1964 and voter lists of 1989, 1997, 2010 and also one school certificate.