Gauhati High Court rejects tribunal order declaring man as foreigner

The Gauhati High Court has set aside the order of tribunal declaring a man a foreigner for not showing linkage with all his relatives mentioned in the voters' list.

Haider Ali, was declared a foreigner by the Foreigners Tribunal in Assam. Ali had established linkages with the names of his father and grandfather in voter list of 1967 and 1970.

The Gauhati High Court order stated that: "What was crucial and required of the petitioner was to prove before the Tribunal was that Harmuz Ali was his father and that his father, Harmuz Ali was the son of Nadu Miya, who were admittedly Indians. The fact that Harmuz Ali was the son of Nadu Miya has been already duly proved by the aforesaid voters' lists of 1970 and 1965, genuineness of which was not questioned by the State. Thus, non explanation of relationship of the petitioner with other persons mentioned in the voters' list of 1970 cannot be a ground for disbelieving the correctness of the entry of the names of the grandparents in the voters list, when the correctness of the entry of the names of the petitioner's father and grandfather was not questioned."

The High Court added “The fact in issue was not whether the petitioner had other relatives also. Thus, non-mentioning of his other relatives as well as that of his father cannot be a ground for disbelieving his testimony and the documents relied upon by the petitioner”.