JABEDA BEGUM Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) In this writ petition, the petitioner Jabeda begum @ Jabeda Khatun has challenged the opinion dated31.05.2019, passed by the Foreigners' Tribunal, Baksa, Tamulpur, Assam, in F.T. Case No. 22/BAKSA/2018, declaring her to be a foreigner of post 1971 stream.

(2.) Heard the learned counsel, Mr. A. Ali, appearing for the petitioner. Also heard Ms. G. Hazarika, learned CGC, representing respondent No. 1; Ms. B. Das, learned Standing Counsel, Election Commission, representing respondent No. 3; Mr. J. Payeng, learned Standing Counsel, Foreigners Tribunal, representing respondent Nos. 2, 5 and 6; and Ms. A. Verma, learned Standing Counsel, NRC, representing respondent No. 4.

(3.) On the basis of a reference made by the Superintendent of Police (B), the Foreigners Tribunal, Baksa, Tamulpur, Assam, issued notice to the petitioner asking her to prove her Indian citizenship. The petitionerappeared before the Tribunal and filed her written statement along with some documents claiming to be a citizenof India by birth. According to the petitioner, she was born to Lt. Jabed Ali and Jahura Khatun @ Jahera Kharan,the projected father and mother of the petitioner, respectively at Bangalpara. She has stated that the names of herparents appeared in the Voter List of 1966. She claimed that even the names of her grandparents had appeared inthe Voter List of 1966. The petitioner further stated that her father's name appeared in the Voter lists of 1970 &1997 also. The petitioner claimed that due to river embankment erosion, her father had shifted from Bangalparato No. 2 Dongoragaon and lived there till his death. She stated that the names of her parents and two brothers,namely, Samsul Ali and Insal Ali also appeared in the Voter List of 2015. The petitioner has disclosed that in factshe has three brothers, namely, Insan Ali, Khairul Ali &Samsul Ali, and two younger sisters, namely, Morjina Begum and Taravanu Begum. According to the petitioner, she was married to Md. Rejak Ali of the same villageand thereafter, her name appeared in the Voter Lists of 2008. She has stated that in the year 1997 also, her nameappeared in the Voter List but it was marked as "D" Voter.