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Gauhati High Court sets aside order declaring petitioner as foreigner

The Gauhati High Court has set aside an order, which declared the petitioner as a foreigner.

The petitioner Md. Jamir Ali was referred to the Foreigners Tribunal 1st at Nagaon for a determination as to whether the petitioner is a person who had entered India subsequent to 24.03.1971, which resulted in registration of FT Case . In the reference, the petitioner examined his mother who was about 80 years at the time of rendering the evidence.   

The petitioner also exhibited the voters’ list of 1965 in respect of Goroimari village wherein  the name of  petitioner’s mother  appeared showing her husband to be Abbas Ali. The petitioner also exhibited the voters’ list of village Shillongoni of the year 1993 which shows his name  by indicating his father to be Abbas Ali. The petitioner also exhibited 1993 voters’ list of village Shillongoni which contains the name of Rustom Ali  showing his father to be Abbas Ali. The voters’ list of 1993 of village Shillongoni also contains the name of the petitioner’s mother  wife of Late Abbas Ali.   

The petitioner assails the order/opinion dated 29.06.2018 of the Foreigners Tribunal 1st at Nagaon in FT Case  by which he was declared to be a foreigner who had entered the State of Assam subsequent to 24.03.1971.  

In the  petition the petitioner takes a stand that his mother  in her  evidence had clearly stated that her husband was Abbas Ali Sarkar who was a resident of village Goroimari and that her husband died while the petitioner was still in her womb and in the circumstance the mother of the petitioner shifted to her parental home at village Shillongoni. She also stated that the petitioner Jamir Ali was born at village Shillongoni. The mother of the petitioner in her deposition further stated that she had shifted to village Shillongoni along with her three children . The petitioner also brought in the deposition of Gaon Burah of village Shillongoni and the Gaon Burah in his deposition had stated that he knew the petitioner Jamir Ali who was born at village Shillongoni although the Gaon Burah may have denied the knowledge about the father of the petitioner.

Having taken note of the aforesaid materials on record, the Division Bench of  Justice Achintya Malla Bujor Barua and Justice Arun Dev Choudhury held that a link is established to the extent that the mother of the petitioner in her deposition stated that she had shifted to village Shillongoni after the death of her husband along with her three children .The voters’ list of 1993 of village Shillongoni shows the name of the mother of the petitioner , showing her husband to be Abbas Ali as well as that of his elder brother Rustom Ali showing his father to be Abbas Ali and that of the petitioner again showing his father’s name to be Abbas Ali.

Further the Court noted that the voters’ list of 1965 of Goroimari village shows the name of Haleman Nessa showing her husband to be Abbas Ali and also that of Abbas Ali. The aforesaid materials clearly established the link of the petitioner with that of Abbas Ali of Goroimari whose name appeared in the 1965 voters’ list of the same village.   

The evidence of the mother of the petitioner  had not been controverted by the state authorities in cross examination before the Tribunal so as to dispute her claim that the petitioner is her son whose father died while he was still in the womb and that after the death of the father of the petitioner, the mother of the petitioner along with the petitioner had shifted to Shillongoni.   

Upon perusal of the order/opinion of the  Tribunal noted that the aforesaid materials on record have not been taken note of while declaring that the petitioner is a foreigner who had entered the State of Assam subsequent to 24.03.1971 .
As the High Court have arrived at the clear conclusion that the petitioner has established his link with Abbas Ali whose name appeared in the voters’ list of 1965 of Goroimari village and the materials through which the link was established have not been taken note by the learned Tribunal, the High court  accordingly, set aside the order/opinion dated 29.06.2018 in FT Case of the Foreigners Tribunal 1 st at Nagaon, Assam and declare that it cannot be held that the petitioner is a foreigner who had entered the State of Assam subsequent to 24.03.1971.

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