support of his citizenship he produced a photocopy of certificate issued by the Secretary of 46 No. Dhumar Pathar Gaon Panchayat whereby it was certified that OP is the son of Late Rubu Mia of village Pakriguri under Bajali Sub-division of Barpeta district. The said certificate was enclosed with the reference which is available in the record. In Ext-A and Ext-B, the father’s name of OP was recorded along with his grandmother, mother, two paternal uncles and one paternal aunt but nothing has been explained about those voters either in written statement or evidence-on-affidavit. In Ext-C, the name of OP appeared at village Pakriguri showing his father’s name as Rabu and it does not establish his linkage with his father Rabu Sheikh. Ext-D is an affidavit explaining the discrepancies of name of his father but such a self serving sue-moto affidavit is neither a proof nor evidence having regard to the provisions contained in Section 1 and 3 of the Indian Evidence Act, 1872. ExtE is a certificate issued by the Gaonburha of village Pakriguri who has used the State Emblem on the top middle of the certificate in contravention to the Rule 10 (2) of the State Emblem of India (Regulation of Use) Rules, 2007 framed under the State Emblem of India (Prohibition of Improper Use) Act, 2005. Such unauthorised use of the State Emblem of India by a Gaonburha has rendered this certificate to be inadmissible in evidence. Most importantly the said Gaonburha was produce before this Tribunal as DW-3 who has specifically stated in his cross that he knows OP for last 25/30 years which means that OP has been residing at village Pakriguri since 1993-1998. Again he has expressed doubt about the N.B. column of the certificate whether he had written it or not wherein it was mentioned that OP’s father Late Rabu Sheikh’s name has been inserted in the voter list of 1966 and 1970. The OP has stated in his written statement and evidence-in-chief that the name of his father was wrongly appeared in the Voter list of 1979 as Rabu Mia instead of Rabu Sheikh at village Pakriguri under 41 No. Bhabanipur LAC. The photocopy of 1979 voter list was produced before this Tribunal as Annexure-I. It would be pertinent to remember that proceedings in the Foreigners Tribunal are different from the proceedings in a Civil Court of law and the strict rules of evidence applicable in case of a suit does not apply to a proceedings before a Tribunal, more particularly, when OP himself relies of a document in support of his citizenship. In the said voter list of 1979, the name of OP’s father was recorded as Rabu Mia at Sl. No. 656 along with his wife Asia Khatun at Sl. No. 657 which is contrary to his own stand inasmuch as he claims one Jamiran Nessa to be his mother. Thus it is apparent that Rabu Sheikh and Rabu Mia were two different persons. Jamiran Nessa is the wife of Rabu Sheikh and Asia Khatun is the wife of Rabu Mia and accordingly Jamiran Nessa cannot be the mother of OP. Similarly if Asia Khatun is the mother of OP, Rabu Sheikh cannot be the father of OP. During cross though OP has stated that his father had shifted from village Raumari Pathar to village Pakriguri but as per his pleadings he shifted his residence from village Raumari Pathar to village Pakriguri. The OP could not even say in which district Raumari Pathar is situated. According to him it might be in the Nalbari district. In fact, village Raumari pathar is situated under Chenga Revenue Circle of Barpeta district. The elector photo identity card (wrongly marked as Ext-E) of DW-2 who is the brother of OP also shows that the father’s name of OP is Rabu Mia.
