Decided on June 11,2018

UNION OF INDIA Respondents


UJJAL BHUYAN,J. - (1.) This order will dispose of both WP(C) Nos.7677 and 7698/2016, which were heard together on 10.05.2018 and today is fixed for delivery of order. We have heard Mr. Z Hammad, learned counsel for the petitioners and Mr. A Kalita, learned Special Counsel, Foreigners Tribunal (FT). Petitioner in WP(C) No.7677/2016 is Jalaluddin, the husband, whereas petitioner in WP(C) No.7698/2016 is Lailiya Khatun @ Lailya Khatun, the wife. Submissions made by learned counsel for the parties have been considered. Also perused the materials on record, including the record requisitioned from the Tribunal. WP(C) No.7677/2016 Challenge made in this writ petition is to the legality and correctness of the order dated 31.10.2016, passed by the Foreigners Tribunal-5th, Morigaon in Case No. FT(D) 104/2015 (new number) (State Vs. Jalaluddin), declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.
(2.) This Court by order dated 22.12.2016 had issued notice while requisitioning the case record and passed an interim order to the effect that petitioner should be allowed to remain on bail subject to his appearance before the Superintendent of Police (Border), Morigaon and furnishing of adequate surety.
(3.) Record discloses that Election Commission of India had ordered intensive revision of electoral roll in respect of Dhing Constituency in the State of Assam with reference to 01.01.1997 as the qualifying date. In this connection, a house to house enumeration was carried out during the period from 16.1.1997 to 15.04.1997. Though the name of the petitioner was included in the draft electoral roll of the said Constituency published on 24.07.1997, Electoral Registration Officer for the said Constituency expressed doubts about the citizenship of the said person and got the matter verified by an on the spot local verification. On consideration of the report of such verification, Electoral Registration Officer recorded reasonable doubt that petitioner was not a citizen of India.;

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