NURUL ISLAM Vs. UNION OF INDIA AND 6 ORS
LAWS(GAU)-2018-11-48
HIGH COURT OF GAUHATI
Decided on November 16,2018

NURUL ISLAM Appellant
VERSUS
Union Of India And 6 Ors Respondents

JUDGEMENT

Manojit Bhuyan, J. - (1.) Heard Mr. J. Ahmed, learned counsel for the petitioner as well as Ms. P. Baruah, learned counsel for respondent no. 1; Mr. A. I. Ali, learned counsel for respondent no. 2; Ms. A. Verma, learned counsel for respondent no. 3 and Mr. J. Payeng, learned counsel for respondent nos. 4, 5 and 6.
(2.) Petitioner assails the order/opinion dated 02.07.2018 passed by the Foreigners' Tribunal No. 7, Barpeta, in Case No. F.T. 41/17, declaring the petitioner to be a foreigner/illegal migrant, who entered into Assam on or after 25.03.1971. Such declaration was made as the petitioner failed to establish linkage with his projected parents i.e. Ali Mamud and Nurjahan Begum and also failed to prove the contents of the entries in the Voter Lists of 1966 and 1970.
(3.) The petitioner projected one Ali Mamud as his father, Nurjahan Begum as his mother, Kachimuddin Seikh as the grandfather and Hazera Khatun as his grandmother. Reliance is placed in the Electoral Roll of 1966 (Exhibit-A) which records the names of his projected grandfather, grandmother along with his father. Reliance is also placed in the Voter List of 1970 (Exhibit-B), which also recorded the names of his projected grandfather, grandmother and father Ali Mamud. In so far as his projected mother Nurjahan Begum is concerned, the petitioner produced and exhibited the certified copy of Electoral Roll of 1989 (Exhibit-C) where one Nurjahan was recorded, showing relationship with one 'Mano'. Having exhibited the aforesaid documents, the petitioner placed reliance in the Voter List of 2005 (Exhibit-D), wherein his name is recorded, as the son of one Ali Mia. Similar is the case in respect of the Voter List of 2010 (Exhibit-E), the Elector Photo Identity Card (Exhibit-F) and the PAN Card (Exhibit-G), wherein one Ali Miya is described as the relation to the petitioner, i.e. Nurul Islam.;


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