MD. JAHARUL ALI @ JAHERUL ISLAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. Kaddus, learned counsel for the petitioner. Also heard Mr. B. Deka, learned CGC; Mr. A. I. Ali, learned Standing Counsel for the Election Commission of India; Mr. P. Sarma, learned Addl. Senior Government Advocate, appearing for the State respondent no. 6; and Ms. A. Verma, learned Standing Counsel, Home and Political Department (B).

(2.) The instant writ petition, under Article 226 of the Constitution of India has been filed by the petitioner, assailing the opinion dtd. 30/1/2019, passed by the learned Member, Foreigners' Tribunal 4th, Kamrup (M) in F.T. Case No. FT (K (M)-4)969/17, corresponding to I.M.(D).T. Act Case No. 1331/03, holding that the petitioner is a foreigner who entered the State of Assam after 25/3/1971.

(3.) The petitioner's case is that he was born in the year 1989 at village Merganda (Jharpara), under P.S. Chaygaon, in the district of Kamrup (R), Assam. It is contended that the petitioner's grandparents were originally belonged to village Natapara, P.S. Lakhipur in the district of erstwhile Goalpara, Assam. Thereafter, his grandparents had shifted their residence in the year of 1956 from village Natapara to village Birsing Helengarchar in the same district due to river erosion and in the year 1956 itself, the father of the petitioner was born at the said village Birsing Helengarchar. In the year 1974, due to the river erosion in the village Birsing Helengarchar, the grandparents of the petitioner shifted their residence to Jamirabari in the same district of Goalpara. It is contended that again in the year 1987, they shifted to village Merganda (Jharpara), under P.S. Chaygaon in the district of Kamrup (R), Assam, due to the river erosion in Jamirabari village. It is contended that since the grandparents of the petitioner are of residence of the State of Assam, the petitioner is an Indian citizen.