W.P. (C) No. 1307 of 2009. Case: Md. Khursed Ali @ Khused Ali Khan and Ors. Vs Union of India (UOI) and Ors.. Guwahati High Court
| Case Number | W.P. (C) No. 1307 of 2009 |
| Judges | B.K. Sharma, J. |
| Issue | Citizenship Act; Foreigners Act, 1946 - Section 9 |
| Citation | 10.08.2009 |
| Judgement Date | August 10, 2009 |
| Court | Guwahati High Court |
Judgment:
B.K. Sharma, J.
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The petitioners have been declared as foreigners (illegal migrants from the then East Pakistan) to Assam during the period from 1.1.1966 to 25.3.1971. Such declaration has been made by the Foreigners Tribunal, Nagaon in FT Case No. 885/02. As a consequence of such declaration, although the petitioners will remain in India, but their names are to be deleted from the voter lists. Such deletion will remain in operation for a period of 10 years. This is as per the provision of Citizenship Act specially made for the State of Assam.
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The petitioners have assailed the order of the Tribunal dated 8.7.2008 claiming that they are all the citizens of India by birth and thus cannot be branded as foreigners coming to India from the then East Pakistan during the period from 1.1.1966 to 25.3.1971. In this connection, the petitionees have placed reliance on certain documents annexed to the writ petition which are only photocopies. According to the petitioners the name of the petitioner No. 1 appeared in the voter list of 1966 (Photocopy only) which has been annexed to the writ petition. The petitioner No. 1 is now 70 years old and thus had he been an Indian citizen by birth, he could have produced clinching evidence, but it is only the photo copy of the voter list of 1966 purportedly containing his name has been produced. He could not produce any other voter list (s). The photo copies of the certificates purportedly issued by the Gaon Panchayat certifying the petitioners to be the residents of the locality, is of no consequence inasmuch as such the certificates, that too photocopies only, cannot establish the Indian citizenship of the petitioners by birth. Further, the said certificates do not certify that the petitioners are citizen of India by birth, but only certify that the petitioners are the residents of the particular locality.
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It is on the above basis, the petitioners claim that they are Indian citizens by birth and not foreigners coming to India from the then East Pakistan during the period from 1.1.1966 to 25.3.1971. Apart from the fact that the name of the petitioner No. 1 who is now 70 years old does not appear in any one of the voter lists except 1966 (if believes to be pertaining to the petitioner No. 1), the names of other petitioners do not appear in any one of the voter lists.
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