The certificate issued by “Assam Refugee Federation” dated 6.9.1963 is the only document the O.Ps could show their presence in Indian soil prior to the base period of 1965-1966 and this certificate is issued by a private organization which therefore, cannot be made admissible as per Evidence Act, 1782. Assuming the O.Ps have set their foot in 1963 for settling down in India, they ought to have obtained a certificate of Registration being registered as Indian citizens u/s 5(1) (a) (d) of the Citizenship Act, 1955 from competent authority. Unless the said certificate is obtained, the O.Ps remain illegal Migrants(Bangladeshis) and moreover, they have no voter list of 1995/1966 or 1970/1971. From the above discussion, it can be presumed that either the O.Ps have exhibited a Fake/Tempered Refugee Certificate of 1963 or have literarily entered into India(Assam) after 25.3.1971. The other exhibits/documents do not need any discussing as the O.Ps have miserably failed to prove themselves as Indian citizens as is envisaged Under Section 9 of the Foreigners’ Act, 1946. And importantly, the O.Ps have not proved the contents of the documents of the Refugee Certificate as is required under the law, more particularly as laid down ;by the Apex Court in Life Insurance Corporation of India & Anr. – Vs.- Ram Pal Singh Bisen reported in (2010) 4 SCC 291 that “ Contents of a document cannot be proved merely by filing it in a Court unless the contents thereof are proved in accordance with law.”
