AMIRAN NESSA @ AMIRJAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is directed against the judgment and order 15.02.2013 passed by the learned Member, Foreigners Tribunal -III, Barpeta, Assam in FT Case No. 153(III)/2011 (ref. IM(D)T Case No. 7161/B/98 (State of Assam Vs. Amiran Nessa @ Zamiraon Nessa) declaring the petitioner to be foreigner (Illegal Bangladeshi Migrant) who entered into Assam after the cut off date 25.03.1971.

(2.) I have heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. M. Bhagabati, learned CGC and Mr. N. Upadhyay, learned State Counsel. I have also perused the materials on record including the records received from the Tribunal.

(3.) IN the written statement, the petitioner had further stated that her name appeared in the electoral roll of 1993 and that the Sarthebari PS (Border) registered the case against her without proper enquiry with the sole purpose of harassing her. Along with the written statement, the petitioner submitted the copies of the voter list of 1965, 1970, 1993 and the certificate of Gaonbura. In the voter list of 1965 pertaining to 53 No. Sarukehtri LAC (Extract only), names of Darag Ali Mia and Kukimon Nessa, aged 47 and 41 years respectively appears. In the 1970 voter list of the same constituency (extract only), the names of Hayed Ali, Bosiran Nessa and Rahmat Mia aged 45, 35 and 21 appears. In the 1997 voter list, the name of Basiran Nessa aged 75 years appears. In the 1993 voter list, the name of Amiran Nessa W/o. Magbar aged 38 years appears. The Gaonbura's certificate is dated 12/09/2012 certifying the petitioner to be a resident of the particular locality.