JOYNAB BIBI AND 5 ORS Vs. UNION OF INDIA AND 5 ORS
HIGH COURT OF GAUHATI
Joynab Bibi And 5 Ors
Union Of India And 5 Ors
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Manojit Bhuyan, J. -
(1.) Heard Mr. A.I. Uddin, learned counsel for the petitioners as well as Ms. P. Baruah, learned counsel for respondent no.1 and Mr. A. Kalita, learned counsel for respondent nos.2, 3, 4, 5 & 6.
(2.) Petitioners assail the order dated 30.09.2016 passed by the Foreigners' Tribunal No. 5th at Morigaon in F.T.(C) Case No. 328/2016, declaring the petitioners as foreigners who entered illegally into India after 25.03.1971.
(3.) Petitioner nos.1 & 2 are wife and husband, petitioner nos.3 & 4 are their sons and the petitioner nos.5 & 6 are their daughters. In so far as petitioner no.2 Jonab Ali is concerned, he claimed that his father is one late Hasen Ali and grandfather is one Sabu Seikh. Petitioners state that in the voter list of 1966 (Exhibit-'Ga') and voter list of 1970 (Exhibit-'Gha'), the name of Sabu/Abu Seikh appears. Reliance is also placed in the Exhibit-'Jha', which is an undated document purportedly issued under the hand of the Deputy Superintendent of Police, Nagaon, certifying that on checking the original NRC 1951, it was found that Hasen Ali (the projected father of the petitioner no.2) is the son of Sabu Seikh. For establishing the linkage to Late Hasen Ali, one Bangshiram Saikia, being the Government Gaonburah of Jotiyabari, Nitmari, Kahitoli of Mouza-Bhuragaon, district-Morigaon, issued two Certificates i.e. Exhibit-'Ka' dated 21.11.2013 and Exhibit-'Kha' dated 15.02.2014.;
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