FARIDA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Bhuyan, learned counsel for the petitioner. Also heard Mr. A. Kalita, the learned Standing Counsel for the State, Foreigners Tribunal, Ms. B. Das, the learned counsel for the Election Commission of India and Ms. G. Hazarika, on behalf of the learned Asstt. S. G. I. and NRC.

(2.) F. T. Case No. 222/15 & F. T. Case No. 27/16, were decided by a common opinion dated 03.04.2019, by the learned Member, Foreigners' Tribunal, 4th, Nagaon at Juria against two separate references by the SP(Border) Nagaon, which were against the petitioner. The said common opinion is under challenge in this writ petition.

(3.) On receipt of the notice, the petitioner filed her written statement and adduced evidence including herself as DW/OPW No. 1, her elder brother Gias Uddin as DW/OPW No. 2 and one Samsul Hoque, Headmaster as DW/OPW No. 3. In the written statement it is stated that the petitioner was born and brought up in the village Dhupaguri, Mouza- Batadrava, P.S.- Dhing, Dist- Nagaon, Assam and when she attained the age of puberty she was married to Md. Samsul Hoque resident of village Mahguri, Mouza and P.S.-Juria, District Nagaon, Assam. After marriage, she was residing with her husband. The name of the father was Late Alal Uddin and the name of the mother was Jamena Khatun. Both were Indian nationals and their names were recorded in various voter lists of No. 86 Dhing LAC including the voter list of the year 1971. The parents died about 12 years ago. She is the only daughter and have five brothers whose names are mentioned in the written statement. The petitioner filed her evidence-in-chief by way of affidavit supporting the claim so made in the written statement and exhibited the following documents as recorded in the impugned opinion:-