FATEMA BIDHABA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. F.U. Barbhuyan, learned counsel appearing for the petitioner and Ms. G. Hazarika, learned standing counsel, NRC, Ms. B. Das, learned standing counsel, Election Commission, Mr. A. Kalita, learned standing counsel, Foreigners' Tribunal appearing for the respondents.

(2.) By way of this writ petition, the petitioner has assailed the opinion dated 29-11-2019 passed in F.T. Case No. (Bpt/11th) 1910/2017 corresponding to I.M. (D)T. case No. 3594/A/98, rendered by the Member, Foreigners' Tribunal No. 11, Barpeta, declaring the petitioner to be foreigner/illegal migrant who had entered Assam on or after 25-03-1971 and thereby answering the reference in affirmative. The learned Member, Foreigners' Tribunal, Barpeta answered the reference in affirmative holding the petitioner to be a foreigner of post 1971 stream liable for appropriate follow up action.

(3.) To discharge the burden as required under section 9 of the Foreigners' Act 1946 to prove that the petitioner is not a foreigner, the petitioner projected one Abdul Kader Ali and one Musstt Moyfal Nessa as her father and mother respectively. She also projected one Kader Ali to be her grandfather. The petitioner as the proceedee duly contested the case before the Tribunal by filing her written statements. In her written statements she denied that there was any cause of action against her for filing the instant reference. She stated that she was born in the year 1965 at village Pota under Sarupeta Revenue Circle of Barpeta district. The petitioner stated in her written statement that Abdul Kader Ali, Mayful Nessa and Hazera Bewa as her father, mother and grandmother respectively. Their names were recorded in the voter lists of 1965. She stated that the names of her father Abdul Kader and mother Mayfal Nessa were recorded in the Electoral Roll of the year 1970. In the Electoral Roll 1989, the names of her mother- Moyfal Nessa, her brother-Abdul Ahamed and other family members' names were recorded under No. 41, Bhawanipur LAC, vide Part No. 71, village Dakshin Pota and house NO. 129. To substantiate her claim before the Tribunal, the petitioner exhibited the following documents: