The petitioner, who had migrated to Assam after 1971, was declared a foreigner in 2019 by the Foreigners Tribunal.
The same was challenged before the Gauhati High Court by way of a writ petition which came to be dismissed on October 2020.
The present review petition was file challenging that order.
He took the claim that his brother’s writ petition in a similar case is pending before the High Court, having been admitted in February last year.
The petitioner in the first case before the High Court had contended that the Tribunal had erred in not considering the electoral rolls and village elder certificate submitted in support of his citizenship claim.
The Bench in the instant case noted at the outset that there was an averment in the review petition that it has been preferred because the petitioner was apprehending arrest in view of dismissal of the writ petition.
The other argument made was that the name of the elder brother had appeared in the voter list of 1971 (the cut-off date for Assam residents claiming Indian citizenship), and this aspect was not considered by the Court in its earlier order dismissing the Tribunal’s findings.
Source: Barandbench
