GUWAHATI, India, Feb. 2 -- Gauhati High Court issued the following order on Jan. 6:

1. Heard Mr. S.S.S. Rahman, learned counsel for the petitioner. Also heard Mr. J. Sarma, learned CGC; Mr. M. Kalita, learned counsel appearing on behalf of Mr. A.I. Ali learned standing counsel for the ECI; Mr. J. Payeng, learned standing counsel for the FT matters and NRC; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for respondent.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner namely, Tarun Mandal, has assailed the impugned opinion dated 29.11.2018, passed by the learned Member, Foreigners Tribunal, 1st Dhemaji, in F.T. Case No. 01/18, arising out of Ref. No. Dhemaji P/S Case No. 12/17, dated 23-12-17, by which the petitioner was declared to be a foreigner who had entered India (Assam) on/ after 25.03.1971 stream and liable to be sent back to the specified territory.

3. Upon receipt of notice of the proceedings, the petitioner had entered appearance and he had filed his written statement projecting that his grandfather, Late Ganesh Ch. Mandal and his father, Shri Jaydev Mandal, were citizens of India and that the Sub-Divisional Officer (Civil), Barpeta, had issued a certificate of registration bearing No. 898-65, in favour of his grandfather in the year 1965. The petitioner has projected that he was born in village-Dighali Gaon (Shantipur), P.O- Jamuguri, P.S-Dhemaji, in the district of Dhemaji on 18.09.1998, for which he relies on his birth certificate and he has further stated that on reaching adulthood he obtained an Elector Photo Identity Card (EPIC for short). In support of his defence, the petitioner had examined himself as DW-1 and he has also examined one Ahmed Ali, the then Head Master of Rabindranath Bidya Bhawan, Thelamara, as DW-2. It also appears that the learned Tribunal had called for a report from the Office of the Superintendent of State Co-ordinator of National Registration (NRC), Assam regarding image ID No. 02111429, as well as from the registering authority, Deputy Commissioner, Barpeta, regarding the certificate of registration bearing the name of Ganesh Ch. Mandal. In respect of the NRC image, a written report was received by the learned Tribunal from the Additional Deputy Commissioner and ADRCR, NRC, Barpeta, certifying about the genuineness of the image ID No. 02111429 of Shri Ganesh Ch. Mandal. It also appears that Deputy Commissioner, Barpeta (Election Branch), through the Election Officer, Barpeta, issued a report dated 08.10.2018, informing that the certified copies of the electoral rolls of 1965 and 1970 under Sorbhog LAC, received from the learned Foreigners Tribunal had been verified and appeared to be matching as per the original records available in the Election Office, Barpeta. The Tribunal is in receipt of a WT message that the records of Registration Certificate are not available.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WsRXQSNjbWXNZd1CkslePtFsaN4KUR79oZ9EFhYbG1Aa&caseno=WP(C)/1436/2019&cCode=1&cino=GAHC010038282019&state_code=6&appFlag=)

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