KARFUL NESSA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. D Ghosh, learned counsel for the petitioner, Mr. U K Goswami, learned CGC for the respondents in the Union of India, Mr. J Payeng, learned counsel for the respondents in the Home Department of Government of Assam, Mr. AI Ali, learned counsel for the respondents in the Election Commission of India, Mr. KK Parasar, learned counsel for the respondents in the NRC and Ms. U Das, learned counsel for the Deputy Commissioner, Barpeta.

(2.) The petitioner Karful Nessa had been referred to the Foreigners Tribunal No. 10, Barpeta for rendering an opinion as to whether she is a person who entered the State of Assam on or after 25/3/1971 from the specified territory which resulted in registration of Case No. F.T. 384/2016. The Tribunal rendered its opinion dtd. 13/2/2018 declaring the petitioner to be a person who entered the State of Assam on or after 25/3/1971 and accordingly directed that she be pushed back to the specified territory in exercise of the powers under Sec. 13(3) of the Foreigners Tribunal Order, 1964. Being aggrieved, this writ petition is instituted.

(3.) In the writ proceeding, the petitioner relies upon the voters list of 1966 of village 129 Baladmari Part-IV, police station-Goalpara in the present district Goalpara, which contains the name of Kobat Akond son of late Saraf Uddin at serial No. 6 and that of Fuljan Nessa wife of Kobat Akond at serial No. 7 as well as Gendeli Bewa wife of late Saraf Uddin at serial No. 8. Reliance is also placed on the voters list of 1970 of village 129 Baladmari Char Part-IV under Goalpara police station, which also contains the name of Kobat Akond, son of Late Saraf Uddin at serial No. 9, Fuljan Nessa wife of Kobat Akond at serial No. 10 and Gendeli Bewa, wife of late Saraf Uddin at serial No. 11.