BABUL RAHMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Thisiwrit petition is directed against an order passed by the Foreigners' Tribunal holdingtthe petitioner herein to be a foreigner.

(2.) As per the averments made in the writ petition, the petitioner is a businessman by profession and to maintain his family he visits various places and moves around the State. According to the petitioner he and his family members are ordinary resident of Digboi town and his father's name was enrolled in the voter list of the year 1966 in the Digboi Constituency. It is the further case of the petitioner that he along with his family has shifted to Tirapgaon, Lido. According to him, his name has been included in the voter list of 1993 in Margherita Constituency. In support of such claim, the petitioner has annexed photocopies of the certified copies of such voter lists containing his and his father's name. While the voter list containing the name of his father is stated to be 1996, the voter list containing the name of the petitioner is stated to be of 1993. The name of the father of the petitioner has been shown as Insan Ali. The age of the petitioner has been shown as 50 years.

(3.) According to the petitioner he received a copy of the order dated 10.08.04 passed by the learned Member of the Foreigners' Tribunal, Dibrugarh in the last part of August, 2004 by which he has been declared as foreigner with a direction to registrar his name in the Foreigners' Registration Office within two months. It is the definite case of the petitioner that the order was passed ex-parte against him on the basis of reference made to the Tribunal for a decision as to whether he is a citizen of India under the provisions of Citizenship Amendment Act, 1985.