RAFIQUL ISLAM S/O LT TAIJUDDIN @ TAIJUDDIN AHMED Vs. UNION OF INDIA AND 3 ORS
LAWS(GAU)-2018-9-20
HIGH COURT OF GAUHATI
Decided on September 13,2018

Rafiqul Islam S/O Lt Taijuddin @ Taijuddin Ahmed Appellant
VERSUS
Union Of India And 3 Ors Respondents

JUDGEMENT

Prasanta Kumar Deka, J. - (1.) Heard Mr. AR Sikdar, learned counsel for the petitioner as well as Ms. P Baruah, learned counsel for the respondent No. 1. Also heard Mr. UK Nair, learned Senior Counsel assisted by Mr. A Kalita, learned counsel for the respondents No. 2 to 4.
(2.) Order dated 21.06.2016 is under challenge in this writ petition by the petitioner which was passed by the learned Member, Foreigners' Tribunal No. 4, Kamrup (R) in HFT Case No. 233/2015 (new) arising out of IMDT Enquiry No. 763/2003. The Superintendent of Police (Border), Kamrup vide IMDT Enquiry No. 763/2003 referred for the opinion against the petitioner as to whether the petitioner is an illegal migrant or not. Subsequently, it was transferred to the present tribunal and the same was registered as HFT Case No. 233/2015 (new) in the said tribunal. On receipt of notice, the petitioner entered appearance and filed his written statement along with various documents. In order to prove that the petitioner is not an illegal migrant nor a foreigner, the petitioner pleaded that the name of his grandfather was Soinuddin Sheikh, son of Khoru whose name was recorded in the NRC of 1951 of village Tekelifuta under Mouza Pub-Somoria in the district of Kamrup. His grandfather Soinuddin Sheikh was issued Annual Khiraj Patta No. 65 of village Tekelifuta under Mouza Pub-Somoria in the district of Kamrup. The names of grandmother Tamshi Nessa and paternal uncle Kurpan Ali appeared in the voter lists of 1966 and 1970 under 55 No. Chhaygaon LAC of village Tekelifuta. The father of the petitioner Late Taijuddin alias Taijuddin Ahmed shifted to village Ratanpur (Bangalpara) from village Tekelifuta for his livelihood and he got married with Rejia Khatun of village Bangalpara in the district of Kamrup. The name of his father appeared in the voter list of 1989 of village Bangalpara and the name of the petitioner along with his parents appeared in the voter list of 1997 of village Bangalpara under 55 No. Hajo LAC. The name of the petitioner also appeared in the voter list of 2005 of village Bangalpara and though the name of his father was Taijuddin but in the voter list of 2005 his name appeared as Taijuddin Ahmed. It is further pleaded that the actual name of his grandfather was Soinuddin but wrongly recorded as Sonu Sheikh in the NRC list of 1951. However, the said Soinuddin alias Sonu Sheikh is the one and same person and to that effect, the petitioner submitted an affidavit. The petitioner in respect of his claim examined 4 (four) witnesses including himself as DW 1, Md. Sukur Ali as DW 2, Md. Sohrab Ali, the Government Lat Gaonbura of village No. 2, Bangalpara as DW 3 and Rezia Khatun, the mother of the petitioner as DW 4.
(3.) The learned Member considered the Exhibit-M which is a NRC slip and rejected the same. As against the deposition of the petitioner as DW 1 that he is the son of Taijuddin @ Taijuddin Ahmed and grandson of Soinuddin @ Sonu Sheikh and regarding the shifting of his father from village Tekelifuta to village Ratanpur (Bangalpara) in the year 1969 and the subsequent marriage with the DW 4, Rezia Khatun at village Bangalpara in the year 1975, the learned Member held that no documents were produced in support of the fact of shifting of his father from village Tekelifuta to village Bangalpara. Considering the voter list of 1997 of village Bangalpara (Exhibit-C) the learned Member considered the age recorded therein against the name of his father which is 54 years and arrived at the finding that the father of the petitioner was born in the year 1943 and thereafter in the year 1961 the father of the petitioner got his voting right but the name of the father was not recorded in any of the voter lists starting from the year 1961 till 1997. Considering the evidence of Rezia Khatun, DW 4 the mother of the petitioner, the learned Member appreciated the deposition that her husband (the father of the petitioner) died about 10 years back from the date of deposition and her husband was known as Taijuddin and her father-in-law was known as Sonuddin. Considering the evidence of DW 3, Md. Sohrab Ali, the Gaonbura, Bangalpara and the certified copy of Exhibit-G, the Annual Khiraj Patta in support of the fact that the petitioner is the son of Late Taijuddin and grandson of Late Soinuddin to be a resident of village Bangalpara, the learned Member disbelieved the contention of the Exhibit-G that Taijuddin @ Taijuddin Ahmed and Soinuddin @ Sonu Sheikh @ Sonuddin are one and the same person. The Annual Khiraj Patta No. 65 issued in the name of the grandfather of the petitioner was not taken into consideration as the same was not supported by the rest of the witnesses. However, the learned Member accepted the fact that the said Annual Khiraj Patta Exhibit-G was issued in the name of Soinuddin Sheikh. The Exhibit-E and Exhibit-F are the voter lists of the year 1966 and 1970 respectively showing the names of the maternal grandfather and grandmother were not taken into consideration for the purpose of determining the citizenship of the petitioner. The rest of the exhibits i.e. Exhibit-I and Exhibit-L which are the voter identity cards in the name of Rezia Khatun, DW 4 and the same were not considered being not supported by the rest of the witnesses in their evidence. Finally, upon such appreciation of the evidence on record the learned Member affirmed the reference holding the petitioner to be a foreigner of post 25.03.1971.;


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