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3. The present petition has been accordingly filed being aggrieved by the order dated 27.02.2019 passed by the learned Foreigners' Tribunal, Cachar at Silchar in Case No. F.T. 4th/1/2015 (F/Case No.120/2012), directing the petitioner to register his name before the Foreigner Registration Officer, Cachar, Silchar under Section 19 of the Citizenship Rules 2009 within the stipulated period, failing which the petitioner will be deported, and subsequent order dated 16.08.2019 passed in Misc. Case 16/2019 by which the application for reviewing the earlier order was rejected on the ground that the there was no apparent error on the face of the record.

4. The petitioner claims that he was an entrant to Assam, prior to 01.01.1966 from Bangladesh. However, the learned Tribunal, without considering properly the evidences and also the prayer of the petitioner to call for a report from the Deputy Commissioner, Cachar, Silchar to establish the authenticity of the identity card issued by the Welfare Officer Rehabilitation Centre, Silchar on 12.06.1964 showing him and other relatives of being refugees prior to 01.01.1966 held the petitioner to be an illegal entrant during the period of 01.01.1966, before 25.03.1971. The petitioner claims that in the aforesaid identity card, which was issued by the Silchar Welfare Office, Relief Rehabilitation, Silchar on 12.06.1964, the name of the petitioner appears at serial No.3 as the son of Jogesh Ram Namasudra but the learned Tribunal did not consider the same as the same was not verified by the authority Page No.# 4/7 at the time of proceeding, though the petitioner had sought for report from the Deputy Commissioner, Cachar for its verification. Accordingly, it has been submitted that the aforesaid document, which is a clinching evidence to prove that the petitioner is an entrant to (Assam) India before 01.01.1964, was not considered by the learned Tribunal, which would have proved that the petitioner is a citizen of this country, having entered India before 01.01.1966.

5. We have perused the records.

6. The Foreigners' Tribunal, Cachar in the aforesaid Case No.F.T.4 th/1/2015 has held on appreciation of evidences that the petitioner is not an Indian but a foreigner in the stream of 01.01.1966 and before 25.03.1971. However, in the said opinion, the aforesaid crucial document, namely, the identity card, which was issued in favour of the petitioner's father on 12.06.1964 by the Welfare Office, Relief Rehabilitation, Silchar and which includes the names of the petitioner and his other siblings, was not considered by the learned Tribunal, as clearly evident from the review petition filed by the petitioner in Misc. Case No.16/2019. In para-2 of the Misc. Case No.16 of 2019 it has been categorically pleaded that during cross-examination, the learned Additional Government pleader objected to one identity card issued by the Welfare Office, Relief Rehabilitation, Siclhar on 12.06.1964, copy of which was enclosed and accordingly, the learned Tribunal issued summons on 06.11.2017 to the Deputy Commissioner, Cachar, Silchar for verification of the genuineness of the said identity card vide Memo No. FT4th/01/2015/156 dated 06.11.2017, which was received by the Office of the Deputy Commissioner, Cachar on 07.11.2017. However, the Deputy Commissioner did not send any report till the opinion was passed by the learned Foreigners' Tribunal, Cachar, resulting in declaring the petitioner as a foreigner who had entered India within the aforesaid period. Accordingly, the petitioner sought review of the impugned opinion dated 27.02.2019 Page No.# 5/7 passed by the learned Foreigners' Tribunal by examining the said document. However, the said application, Misc. Case No. 16/2017 was rejected by the learned Tribunal vide order dated 16.08.2019 by holding that the Tribunal did not find any error apparent on the face of the record.

Accordingly, we are of the view that rejection of Misc. Case No.16/2019 by the learned Foreigners' Tribunal-4th, Cachar, Silchar on 16.08.2019 cannot be legally sustained, as failure to examine the said piece of evidence vitiates the proceeding.

8. Accordingly, we allow this application to the extent that the learned Foreigners' Tribunal-4th, Cachar, Silchar will re-examine the claim of the petitioner on the strength of the identity card issued by the Welfare Office, Relief Rehabilitation, Silchar on 12.06.1964 by obtaining the opinion from the Office of the Deputy Commissioner, Silchar as regards the genuineness of the said document.