Page No.# 1/14 vs The Union Of India And 7 Ors
2025 Latest Caselaw 5126 Gua

Gauhati High Court

Page No.# 1/14 vs The Union Of India And 7 Ors on 30 May, 2025

Author: M.R.Pathak

Bench: Manash Ranjan Pathak, Malasri Nandi

                                                                     Page No.# 1/14

GAHC010002302025




                                                                2025:GAU-AS:7018-
DB

                         THE GAUHATI HIGH COURT
     (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WP(C)/87/2025

           KADIR ALI
           S/O IBRAHIM KHALIL, R/O NO. 3 PANERY, P.S.-PANERY, DIST- UDALGURI,
           ASSAM, PIN-784525



           VERSUS

           THE UNION OF INDIA AND 7 ORS
           REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY
           OF HOME AFFAIRS, NEW DELHI-1

           2:THE ELECTION COMMISSION OF INDIA
            NEW DELHI-1

           3:THE STATE OF ASSAM
            REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
           OF ASSAM
            HOME DEPARTMENT
            DISPUR
            GUWAHATI-6

           4:THE STATE CO-ORDINATOR OF NRC
            BHANGAGARH
           ASSAM
            GUWAHATI-05

           5:THE DEPUTY COMMISSIONER
            UDALGURI
           ASSAM
            PIN-784509

           6:THE SUPERINTENDENT OF POLICE (B)
                                                                                 Page No.# 2/14

             UDALGURI
             BTR
             ASSAM
             PIN-784125

             7:THE OFFICER-IN-CHARGE
              PANERY POLICE STATION
              DIST- UDALGURI
             ASSAM
              PIN-784525

             8:BHASKAR BORO
             ADVOCATE
              UDALGURI BAR ASSOCIATION
              P.O. AND P.S.-UDALGURI
              DIST- UDALGURI
              BTR (ASSAM)
              PIN-78450

Advocate for the Petitioner   : MR. M U MAHMUD, MR S ISLAM,MR S H MAHMUD

Advocate for the Respondent : DY.S.G.I., MS. H SARMA(R-8),MR A U AHMED (R-8),SC, ECI,SC,

F.T,GA, ASSAM

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK HON'BLE MRS. JUSTICE MALASRI NANDI

Date of Hearing : 03.04.2025.

Date of Judgment : 30.05.2025

JUDGMENT AND ORDER (CAV)

(M.R.Pathak, J)

Heard Mr. M U Mahmud, learned counsel for the petitioner and Mr. P K Medhi, learned CGC for the respondent No. 1. Also heard Mr. M Kalita, learned counsel appearing on behalf of Ms. P Baruah, learned Standing counsel, Election Commission of India for the respondent No. 2;

Page No.# 3/14

Mr. J Payeng, learned Standing counsel, Home and Political Department as well as NRC, Assam for the respondent Nos. 3, 4, 6 & 7; Mr. P Sharma, learned Additional Senior Government Advocate, Assam for the respondent No. 5 as well as Mr. A U Ahmed, learned counsel for the respondent No. 8.

2. Aggrieved by the Final Order dated 27.08.2024 passed by learned Member, Foreigners Tribunal, Udalguri, Assam in FT Case No. UDL/FT/32/2015 arising out of Reference No. 69/U/224/n dated 05.08.2005 by which the said Tribunal by an ex-parte opinion opined the petitioner to be a foreigner who had entered into the territory of India (Assam) on or after 25.03.1971, thereby answering the reference in affirmative; the petitioner has filed this Writ petition on 06.01.2025, praying amongst others, to issue a writ in the nature of Mandamus, Certiorari and/or any other Writ, setting aside the impugned ex-parte order dated 27.08.2024, noted above, and to declare him as an Indian citizen and/or to remand his case to the said Foreigners Tribunal to adduce some more records and witnesses.

3. In the interim, the petitioner has prayed for stay of the operation of the said impugned ex- parte order dated 27.08.2024 of the learned Foreigners Tribunal, Udalguri passed in FT Case No. UDL/FT/32/2015 and to direct the Superintendent of Police (Border), Udalguri to release him on bail.

4. While issuing notice to the respondents on 08.01.2025, the Court called for the relevant records in original from the concerned Foreigners Tribunal.

5. In this writ petition, the petitioner has also made one Bhaskar Bodo, advocate, Udalguri Bar Association as party respondent No. 8, alleging that though the petitioner was always ready to appear before the said Foreigners Tribunal, but because of the saying of his engaged counsel he did not appear in the matter and consequently by an ex-parte order dated 27.08.2024 he was declared to be a foreigner of 25.03.1971 stream. For that purpose, the petitioner has already filed a complaint against the respondent No. 8 before the Chairman of Bar Counsil of Assam, Nagaland, Mizoram and Arunachal Pradesh on 27.11.2024 submitting such complaint through post, praying taking appropriate action against the said respondent No. 8 who had conducted the case of the petitioner before the said Foreigners Tribunal.

6. According to the petitioner, the respondent No. 8, his engaged lawyer did not inform him about the further dates of the said case before the Foreigners Tribunal, Udalguri nor apprised him Page No.# 4/14

of the requirement of adducing evidence before the Tribunal and also not asked him to appear before the said Foreigners Tribunal though he visited his said engaged counsel on many occasions. When enquired from his engaged counsel, respondent No. 8, whether his presence is necessary on every dates, the said respondent told him that it is not necessary and whenever it is required, the respondent No. 8 would call him and inspite of paying the fees to the respondent No. 8 he did not appear before the said Tribunal and suddenly he came to know from other lawyers that by an ex-parte order dated 27.08.2024, the Foreigners Tribunal, Udalguri declared him as a foreigner of post 25.03.1971.

7. Amongst others, the petitioner contended that his grandparents Bakara Seukh @ Bakara and Nosimon Nessa; parents Ebrahim Khalil and Sonabhanu Begum are Indian citizens by birth, born at Village-Hirapara, Mouza-Shyamabari, Sub-Division-Mangaldai, District-Darrang. Because of the livelihood his parents along with him shifted to Village No. 1, Niz Geruajhar, Sub-Division- Udalgur, Mouza-Sekhar under the jurisdiction of Paneri Police Station, erstwhile district-Darrang, now Udalguri, Assam.

8. Petitioner also stated that after sudden death of his natural mother, Sona Bhanu, he was given to one Samsuddin and Sukina Begum of village No. 3, Paneri in the district of Udalguri, BTAD, Assam in adoption but after few years his father Ibrahim Khalil took him back and he is residing with his said natural father and also casting vote with him.

9. According to the petitioner, name of his grandparents with his father was recorded in the Voters List of 1966 in 72 No. Mangaldai Legislative Assembly Constituency as Bakara Sheikh, son of Nimutallah, Nasimon Nessa wife of Bakara and Abdul Ibrahim Khalil, son of Bakara vide Sl. Nos. 519, 520 and 524 respectively, House No. 142, Pt. No. 68 at Village-Hirapara, Mouza- Shyamabari, Sub-Division-Mangaldai Sadar, in the district of Darrang. To that extent, petitioner annexed the voter list of 1966.

10. It is also stated by the petitioner that the name of his grandparents with his father was recorded in the Voters List of 1971 in 72 No. Mangaldai LAC as Bakara Sheikh, son of Nimutallah, Nasimon Nessa wife of Bakara and A Ibrahim Ali, son of Bakara vide Sl. Nos. 553, 554, 558 respectively, House No. 142, Pt No. 08, Village-Hirapara, Mouza-Shyamabari, Sub-Division- Mangaldai Sadar, in the district of Darrang and in that regard, annexed the voter list of 1971.

11. Petitioner further stated that the names of his parents were recorded in the Voters List of Page No.# 5/14

1997 in 64 No. Paneri LAC as Ibrahim Khalil, son of Bakara Sheikh, Sona Bhanu, wife of Ibrahim at Sl. Nos. 51 & 52 respectively, House No. 24, Part No. 23 in Village-1 No. Niz Geruajhar, Mouza- Shekhar, Sub-Division-Udalguri, District-Darrang.

12. It is stated by the petitioner that his name along with his father Ibrahim Khalil, son of Bakkar Mel figured in the Voters List of 2018 in 64 No. Paneri LAC (General) at Sl Nos. 87 and 90 respectively, House No. 24, Part No. 32, at village 1 No. Niz Geruajhar.

13. According to the petitioner, the Election Commission of India issued him an Electoral Voter Identity Card vide EPIC No. BSW1547586 on 18.03.2019 with his address at No. 1 Niz Geruajhar, Police Station-Paneri, Sub-Division-Bheragaon, District-Udalguri, Assam.

14. The petitioner stated that in some places name of his grandfather was recorded as Bakara Sheikh or Bakara or Bakra Sheikh, but all are same and one person. He also stated that similarly, name of his father also been recorded as Ibrahim Khalil or Abdul Ibrohim Khalil or A Ibrahim Khalil, but all those are one and same person who is his father and the mistakes have been committed by the enumerators.

15. It is further urged by the petitioner that false enquiry was conducted against him under the supervision of SP(B), Udalguri, BTR and the report was sent to the Foreigners Tribunal, Udalguri for its opinion as the petitioner, son of Ibrahim Khalil is a foreigner who came from Bangladesh after 25.03.1971 or not. Pursuant to the same, Foreigners Tribunal, Udalguri issued notice to him for his appearance on 31.10.2015. On receipt of the notice, the petitioner on 20.07.2019 submitted his written statement before the said Foreigners Tribunal stating that the case against him is totally false and vexatious and not tenable, both in law and fact and he claimed to be citizen of India.

16. The respondent No. 8 filed an affidavit on 13.03.2025 stating that the petitioner engaged him

as his lawyer and his case was originally from Foreigners Tribunal, Mangaldai 2 nd, Darrang vide Case No. FT(2) 192/2009.It is also stated by the respondent No. 8 that the petitioner on

20.03.2012 submitted his written statement before the Foreigners Tribunal, Mangaldai 2 nd, Darrang projecting one Samsuddin Ali as his father and for linkage with his said projected fatherSamsuddin Ali, the petitioner submitted a school certificate issued by Sonapani MV School, stating that he studied in the said school up to 31.12.1995. The respondent No. 8 in his said affidavit also stated that in the year 2015, said case of the petitioner, i.e.,Case No. FT(2) Page No.# 6/14

192/2009 was transferred from Foreigners Tribunal, Mangaldai 2nd, Darrang to UdalguriDistrict and it was re-registered as FT Case No. UDL/FT/32/2015 before the Foreigners Tribunal,Udalguri. Petitioner engaging two new learned advocates, namely, (i) Khagendra Bodo, (ii) NikumoniBaglari appeared in said FT Case No. UDL/FT/32/2015 before the Foreigners Tribunal, Udalguri and submitted his written statement on 25.05.2016 projecting Samsuddin Ali as his father along with a school certificate issued by Sonapani MV School and a certificate of Gaon Burah to prove his linkage with said projected father Samsuddin Ali.As those documents had no relevance with his said projected father Samsuddin Ali, the petitioner could not adduce evidence.

17. On 25.04.2018, Mr. B. C. Pegu joined as a new Member of the Udalguri Foreigners Tribunal and then, the petitioner engaged him, i.e., respondent No. 8 as his advocate. The respondent No. 8 stated that on 01.06.2018, 27.06.2018 and 20.08.2018 he took steps on behalf of the petitioner.

18. On 25.09.2018, the said respondent No. 8 filed a petition for filing a new written statement on behalf of the petitioner, which was allowed by the said Foreigners Tribunal at Udalguri, but before filing such written statement, the said Tribunal directed the petitioner to submit a bail bond.

19. The respondent No. 8 also stated that on 20.10.2018 the case of the petitioner was adjourned before the Tribunal and on 20.11.2018, he took steps on behalf of the petitioner praying for another date to file bail bond.

20. On 20.12.2018, the said respondent No.8 submitted bail bond in presence of the petitioner and further, on 04.03.2019 and 17.05.2019, he took steps on behalf of the petitioner and the Tribunal at Udalguri allowed his prayer.

21. The said respondent No.8 submitted that, the petitioner on 20.07.2019 filed a new written statement projecting one Ibrahim Khalil as his natural father and Samsuddin Ali as his adopted father, stating that he was born at Village No. 1, Niz Geruajhar, PO-Geruajhar, P.S.-Paneri, District-Udalguri, BTR, Assam. The respondent No. 8 stated that said new written statement submitted on 20.07.2019 before the Tribunal at Udalguri was prepared and filed by him on behalf of the petitioner as per the instruction, information and data provided by the petitioner Kadir Ali.

22. The respondent No. 8 in his said affidavit stated that the petitioner in his earlier two written Page No.# 7/14

statements projected Samsuddin Ali as his father and did not mention about Ibrahim Ali, but in

his 3rd written statement the petitioner projected Ibrahim Khalil as his natural father and the respondent No. 8 cautioned the petitionerthat for making such statements in his written statements submitted before the Foreigners Tribunal he may face legal action due to contradictory documents and contradictions about his father.

23. The respondent No. 8 also stated that on 10.10.2019, the petitioner was present before the Foreigners Tribunal along with him and the case was adjourned. That on 13.12.2019 the case was adjourned due to Bandh; on 05.01.2020 the case was adjourned till the next date; on 24.03.2020 the case was adjourned due to paucity of time to the next date; on 24.06.2020 Covid-19 pandemic broke out and the nation was under Lockdown.

24. After Covid-19 pandemic the petitioner was present before the Tribunal on 19.01.2021 along with said respondent No. 8 and his adjournment petition was allowed.

25. Due to break out 2nd wave of Covid-19 pandemic, physical presence was restricted and thereafter, the petitioner did not communicate with the respondent No. 8 and when he tried to contact the petitioner in his Mobile No. 9394321697, it was found inactive informing that incoming call facilitiesto the said number was temporarily unavailable.

26. It is stated by the respondent No. 8 that on 30.08.2021and 18.04.2022 he took steps, but the petitioner remained absent. Respondent No. 8 also stated that when the Courts/Tribunals

resumed their works after the 2nd wave of Covid-19, the petitioner did not meet and/or contact the said responded No. 8. For such reasons the responded No. 8 stated that the allegations made by the petitioner against him are false.

27. It is seen that the petitioner on 13.03.2025 received the said affidavit of the respondent No. 8 and in spite of receipt of the same, the petitioner did not file any reply to the said affidavit of the respondent No. 8.

28. During the deliberation of the matter, the respondent No. 8 placed the certified copy of the Transfer/School Leaving Certificate dated 27.06.2011 issued by the Sonapani MV School to the petitioner.

29. Perused thecertified copies of the written statement filed by the petitioner in Case No. UDL/FT/32/2015 before the Foreigners Tribunal, at Udalguri on 25.05.2016; certified copy of the Page No.# 8/14

written statement submitted by the petitioner on 20.03.2012 before the Foreigners Tribunal 2 nd, Darrang, at Mangaldai in Foreigners Case No. FT(2) 192/2009.

30. Also perused the records of FT Case No. UDL/FT/32/2015 that was called for by the Court.

31. From the records of the case, it is seen that on the basis of the report of the Electoral Registration Officer, 69 Udalguri (ST) LAC in case No. 69/0/224/N dated 05.08.2005, along with the report of the LVO dated 28.02.2005, the Superintendent of Police (Border), Udalguri in FT Case No. 19/2006 made a reference to the Foreigners Tribunal for its opinionas to whether the petitioner is a foreigner or not and accordingly, FT Case No. 192/2009 against the petitioner was

registered before the Foreigners Tribunal 2 nd, Darrang at Mangaldai wherein notice was send to the petitioner on 27.08.2009.

31. The petitioner on 17.09.2009 received the said notice from the Foreigners Tribunal 2 nd, Darrang, Mangaldai in said FT Case No. 192/2009.In spite of that the petitioner did not appear before the said Tribunal. Later, the petitioner on 07.11.2011 submitted his first written statement

before the Foreigners Tribunal 2nd, Darrang at Mangaldai in said FT Case No. 192/2009. As such,

the Foreigners Tribunal 2nd, Darrang at Mangaldai in said FT Case No. 192/2009 issued another notice on 25.01.2012, fixing the matter on 27.02.2012 and the said notice was received by the

wife of the petitioner, Jahanara Begum. Thereafter, the petitioner on 20.03.2012 filed his 2 nd

written statement before the Foreigners Tribunal 2 nd, Darrang at Mangaldai in said FT Case No. 192/2009.

32. As the petitioner did not participate in the proceeding before the Foreigners Tribunal 2 nd, Darrang at Mangaldai in said FT Case No. 192/2009, the said Tribunal issued fresh notices to the petitioneron 17.12.2012 and 08.07.2014 and on both the occasions, the wife of the petitioner, Jahanara Begum, received those notices from the said Foreigners Tribunal.

33. Pursuant to the creation of additional Foreigners Tribunal at Udalguri and as per jurisdiction since the petitioner gave his address during enquiry that he is from Village- No. 3 Paneri that is

under Udalguri, BTR, Assam, as suchpursuant to the order of the Foreigners Tribunal 2 nd, Darrang, Mangaldai dated 14.09.2015, the records of saidFT Case No. 192/2009was transferred to the Foreigners Tribunal, Udalguri.

Page No.# 9/14

34. On receipt of the said records of said Foreigners case against the petitioner, i.e., FT Case

No. 192/2009 from the Foreigners Tribunal 2 nd, Darrang, Mangaldai, it was re-registered as UDL/FT/32/2015 and the said Tribunal at Udalguri issued notice to the petitioner on 08.10.2015 fixing the matter on 31.12.2015 for his appearance along with his written statement and documents.

35. On 31.10.2015, the petitioner appeared before the Member, Foreigners Tribunal, Udalguri in said Case No. UDL/FT/32/2015 and took time to file his written statement.

36. On 26.11.2015, the petitioner took time to file his written statement stating that he is required to obtain certain documents from the State of Bihar.

37. On 15.03.2016 and 19.04.2016 the petitioner remained absent. On 17.06.2016 the petitioner again prayed for time to file his written statement. On 25.05.2016, the petitioner filed his written statement before the Foreigners Tribunal at Udalguri.

38. On 08.06.2016, the petitioner prayed for time before the Foreigners Tribunal at Udalguri to bring original documents.

39. On 08.07.2016, 09.08.2016, 13.09.2016, 14.10.2016, 19.11.2016, 26.12.2016, 08.02.2017, 27.03.2017, 12.06.2017, 15.07.2017, the petitioner remained absent before the Tribunal at Udalguri.

40. On 07.08.2017, 31.10.2017, the petitioner sought adjournmentsfor hearing of the matter that were allowed by the Foreigners Tribunal, Udalguri.

41. On 21.12.2017, 02.02.2018, 16.03.2018, 25.04.2018, 01.06.2018, the petitioner remained absent before the Tribunal at Udalguri.

42. 27.06.2018 was the date fixed for evidence of the petitioner and on 27.06.2018 the petitioner took time, enabling him to obtain certified copy of Electoral Roll of 1965 of his father and the matter was fixed on 20.08.2018 for his evidence. On 20.08.2018, the petitioner was absent before the Tribunal.

43. It is seen that the said Case No. UDL/FT/32/2015 was fixed for evidence before the Foreigners Tribunal at Udalguri on 25.09.2018 andon the said date, the petitioner again filed an application for his re-appearance and submission of fresh written statement, stating that Page No.# 10/14

petitioner's earlier written statement was on the basis of his adopted father and his now willing to file written statement on the basis of his natural father. The Tribunal allowed the said prayer of the petitioner and fixed the matter on 20.10.2018.

44. On 20.10.2018, the said case was adjourned and fixed on 20.11.2018.On 20.11.2018, the petitioner remained absent.

45. On 20.12.2018, on his prayer, the petitioner was again allowed time to file his written statement and he was granted bail on an application filed under Order 4 of the Foreigners (Tribunals) Order, 1964.

47. On 04.03.2019 and 17.05.2019, the petitioner remained absent before the Tribunal. On 20.07.2019, the petitioner appeared before the Tribunal and filed his written statement along with photocopies of some documents.

48. On 10.10.2019, 13.12.2019, 05.02.2020, 24.03.2020 the said case was adjourned. On 24.06.2020, 14.08.2020, 09.10.2020, 09.12.2020 the case was adjourned due to Covid-19 Lockdown.

49. On 19.01.2021, the petitioner appeared before the Tribunal and again prayed for time for evidence, which was allowed, fixing the matter on 27.01.2021.

50. On 27.01.2021, the petitioner remained absent. But on the next date on 10.02.2021, he again appeared before the Tribunal and prayed for time for evidence.

51. On the next dates, i.e., on 22.02.2021, 13.04.2021, the petitioner remained absent before the Tribunal.

52. On 01.07.2021, the case was adjourned because of 2nd Lockdown of Covid-19.

53. On 28.07.2021, 17.09.2021, 15.11.2021, 05.01.2022, 18.02.2022, 19.03.2022, 04.05.2022, 07.06.2022, 08.07.2022, 03.08.2022, the petitioner remained absent without any steps.

54. It is seen from the records that on 30.08.2022, though the petitioner was absent, but his advocate prayed for time, which was allowed. But on 26.09.2022, 26.10.2022, petitioner remained absent without any steps.

55. On 18.11.2022 the petitioner remained absent but his counsel again filed petition on behalf Page No.# 11/14

of the petitioner for adjournment of the matter, which was allowed.

56. On 26.12.2022, 06.02.2023, 15.03.2023, 19.04.2023, 25.05.2023, 28.06.2023, 31.07.2023, 31.08.2023, 06.10.2023, 09.11.2023, 14.12.2023, 11.01.2024, 14.02.2024, 11.03.2024, 04.04.2024, 03.05.2024, 30.05.2024, 24.06.2024, 16.07.2024, the petitioner remained absent before the Foreigners Tribunal, Udalguri, without taking any steps.

57. However, on 16.07.2024, on perusal of the case records, the said Foreigners Tribunal though adjourned the matter, but fixed it on 09.08.2024 for necessary order.

58. On 09.08.2024, the petitioner again remained absent without any steps before the said Foreigners Tribunal.

59. On consideration of the records, the said Foreigners Tribunal, Udalguri found that the petitioner remained absent during the trial of the said case, without taking any steps. As such, by the said order dated 09.08.2024 the Foreigners Tribunal, Udalguri fixed the said Case No. UDL/FT/32/2015 for its ex-parte hearing, fixing the matter on 27.08.2024.

60. On 27.08.2024, the learned Foreigners Tribunal, Udalguri found the petitioner absent and heard the matter ex-parte and accordingly, came to the conclusion that the petitioner, son of Samsuddin Ahmed, resident of Village No. 3, Paneri, P.S.-Paneri, District-Udalguri, BTR is a foreigner, who had illegally entered into the territory of India on or after 25.03.1971 and thereby answered the reference in affirmative that was forwarded by the Superintendent of Police (Border), Udalguri.

61. It is not the case of the petitioner that he was not aware of the proceeding of FT Case No.

92/2009 pending before the Foreigners Tribunal 2 nd, Darrang, Mangaldai that was subsequently registered and numbered as UDL/FT/32/2015 before the Foreigners Tribunal, Udalguri. It is also not the case of the petitioner that he was unaware of the proceeding of Case No. UDL/FT/32/2015 against him before the Foreigners Tribunal at Udalguri.

62. In this writ petition, the petitioner did not state that he appeared before the Foreigners

Tribunal 2nd, Darrang atMangaldai in FT Case No. 92/2009 and filed two written statements therein on 07.11.2011 and 20.03.2012.

63. In this writ petition, the petitioner also did not state that the saidFT Case No. 92/2009 was Page No.# 12/14

transferred from Foreigners Tribunal 2 nd, Darrang at Mangaldai to Foreigners Tribunal, Udalguri in

which he earlier filed his 3 rdwritten statement on 25.05.2016 and that he filed his 4 th written statement before the said Tribunal on 20.07.2019.

64. The petitioner has suppressed all these facts before this Court in the present writ petition, except stating that he on 20.07.2019 filed his written statement in FT Case No. UDL/FT/32/2015.

65. It is already noted above that the petitioner did not file any rejoinder to the affidavit of the respondent No. 8, denying the statements of the said respondent.

66. Even it is assumedthat Nasimon Nessa is his grandmother and Bakara Sheikh is his grandfather and thatAbdul Ibrahim Ali is his father from the Voters List of 1966 and 1971 pertaining to 72 No. Mangaldai LAC annexed to this writ petition as Annexures 1 and 2, it can be seen that age difference between grandmother Nasimon Nessa and projected father Abdul Ibrahim Khalil is only 10/11 years, which is biologically not possible.

67. Moreover, the petitioner is silent with regard to the other persons named in those two Voters Lists of 1966 and 1972 of 72 No. Mangaldai LAC whose names figured along with petitioner's projected father, his projected grandfather and grandmother.

68. Further, the Voters' List on 1997 of Village - 1 No. Niz Geruajhar as well as 2018 (in which petitioner alleged that his name figured along with his father Ibrahim Khalil) Annexures - 3 & 4 to this petition are photo copies and not certified copies.

69. Moreover, petitioner did not state about Sona Bhanu Begum, Kod Bhanu and Kuranu Ali whose names figured in the said uncertified copy of Voters' List of 1997 pertaining to 64 No. Paneri LAC as well as about Jabeda Begum, Sultan Ali, Mofidom Ali and Mojammil Haque, whose names figured allegedly along with his projected father Ibrahim Ali and him in the Voters' List of 2018 that is also pertaining to 64 No. Paneri LAC.

70. Assuming that petitioner's name correctly figured along with his father Ibrahim Ali in the Voters' List of 2018 pertaining to 64 No. Paneri LAC from Village 1 No. Niz Geruajhar, it can be seen that theage of the petitioner was shown to be 26 years in the said voters list and as such, he was born in the year 1992. Considering the same, the name of the petitioner should have figured in the Voters' List of 2010 at the age of 18 years.

71. From the Annexure-6, Aadhar Card the petitioner's date of birth can been seen as Page No.# 13/14

01.01.1987 and as such, he was eligible to vote on attaining the age of 18 years in the year 2005 itself and in the EPIC Card of the petitioner (Annexure-5 to this petition), his date of birth has been shown as 01.01.1987. But, the address of the petitioner in his EPIC Card issued on 18.03.2019 isVillage-No. 1 Niz Geruajhar, P.S.-Paneri, Sub-Division Bheragaon, District -Udalguri, whereas in his Aadhar Card issued by Unique Identification Authority of India on 08.01.2021, the address of the petitioner is Village-No. 3 Paneri, Paneri Chah Bagicha (Tea Estate), Udalguri.

72. But, petitioner neither stated as to when he shifted to village No. 1 Niz Geruajhar, Mouza- Shekhar, P.S.-Paneri, Sub-Division Udalguri, earlier District-Udalguri, erstwhile District-Darrang from Village-Hirapara, Mouza-Shayamabari, Mouza-Mangaldai, District-Darrang, nor he stated as to when he shifted to Village No. 3 Paneri, Paneri Chah Bagicha, Udalguri.

73. In his written statement submitted before the Foreigners Tribunal Udalguri on 20.07.2019, the petitioner gave his address as Village No. 3 Paneri, P.O. -Paneri Hat, P.S.-Paneri, Mouza-Shekhar, District-Udalguri, BTAD, whereas in the affidavit filed in this writ petition, the petitioner stated that he is a resident of village No. 3 Paneri, P.S.-Paneri, District-Udalguri.

74. From the records, it is seen that the petitioner in his bail bond submitted before the Foreigners Tribunal at Udalguri on 20.12.2018 gave his address as Kadir Ali, son of Ibrahim Khalil, resident of village No. 1 Geruajhar, Mouza-Shekhar, P.S.-Paneri, District-Udalguri.

75. Further, from the records of the case it is also seen that in his written statements filed

before the Foreigners Tribunal 2 nd, Darrang at Mangaldai in FT Case No. 92/2009 petitioner sworn affidavits on 07.12.2011 and 20.03.2012, stating his father Samsuddin Ahmed and Samsuddin Ahmed (Ali) respectively, whereas in his written statement filed before the Foreigners Tribual at Udalguri on 25.05.2016, the petitioner stated his father as Samsuddin Ali and Grandfather as Ali Baksa Gupoha. But in his written statement filed in the said Tribunal in FT Case No. UDL/FT/32/2015 on 20.07.2019 the petitioner stated Ibrahim Khalil as his natural father and late Sona Bhanu Begum as his natural mother, whereas Samsuddin Ahmed is his adopted father and Sukina Begum as his mother.

76. It is seen from the above that in spite of granting sufficient time to the petitioner to adduce his evidence by the Foreigners Tribunal Udalguri, the petitioner did not adduce any evidence.

77. It is not that the petitioner was not aware of his said Foreigners case pending before the Page No.# 14/14

Foreigners Tribunal, Udalguri.

78. Law is well settled that as per Section 9 of the Foreigners Act, 1946 burden is on the proceedee to establish that he is not a foreigner. It is settled that mere filing of written statement with some documents in a proceeding under the Foreigners Act, 1946 is not enough. Material facts pleaded would have to be proved by the proceedee by adducing documentary evidence that are cogent, reliable, admissible and relevant. Enlistment of name in the Voters List or long stay in the country by mere filing of documents in scattered manner without proving the linkage evidence one cannot claim the nationality that too by birth.

79. In the case in hand and from the records of the case we have seen that the Foreigners Tribunal, Udalguri gave ample opportunity to the petitioner to establish his case that he is not a foreigner, which the petitioner inspite of granting time, did not avail and thereby, he failed to discharge his burden under the Foreigners Act, 1946.

80. For the reasons above, we did not see any illegality on the part of the Foreigners Tribunal, Udalguri, Assam in passing the impugned Final Order dated 27.08.2024 passed in FT Case No. UDL/FT/32/2015 arising out of Reference No. 69/U/224/n dated 05.08.2005 and we are of the opinion that in exercising the power under the Writ of Certiorari the said Final Order dated 27.08.2024, noted above, does not call for any interference.

81. Accordingly, this writ petition, being devoid of merit stands dismissed.

82. Registry shall return the records of FT Case No. UDL/FT/32/2015 to the Office of the Foreigners Tribunal, Udalguri, Assam forthwith, along with a copy of this judgment.

                              JUDGE                          JUDGE




Comparing Assistant