ABEDA BIBI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.T. Sarkar, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the respondent No.1 being the Union of India, Mr. G. Sarma, learned Counsel appearing for the Home Department of Government Assam for the respondent No.2 and 4 and Ms. U. Das, learned Advocate for the respondent No.3 being the Deputy Commissioner, Dhubri.

(2.) The petitioner, namely, Abeda Bibi has been referred to the Foreigners' Tribunal, 10 th Dhubri for rendering an opinion as to whether she is a person who had entered the State of Assam from the specified territory on or after 25/3/1971, resulting in registration of F.T. Case No.FT(10)/AGM/241/2016. The Tribunal rendered an opinion dtd. 30/6/2017 declaring the petitioner to be an illegal migrant. Being aggrieved this Writ Petition is instituted.

(3.) In the Writ Petition, the petitioner relies upon the Voters List of 1954 of Taluk Ghutarkuti, Police Station Tufanganj, J.L./Thak No.1081 in the Cooch Behar District of West Bengal, which contains the name of Anamod Miah son of Hujur Mamud who is claimed to be the father of the petitioner. To substantiate that Anamod Miah is the father of the petitioner, the petitioner relies upon the evidence rendered by Alkas Miah @ Alkas Hussain, son of Late Anamod Miah of village Ghogarkuti wherein it is deposed that petitioner Abeda Bibi is the younger sister of Alkas Miah @ Alkas Hussain. The Voters List of the year 1968 of Village Ghogarkuti Ward No.1 in the Cooch Behar District of West Bengal has also been relied upon which contains the name of Mia Anamot son of Huzir Mamud at Sl. No.253 and that of Miah Alkas Hossain son of Anamot at Sl. No.254 and that of Bhobijan Khatun wife of Anamot at Sl. No.255.