REJINA BIBI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. J. Laskar, learned counsel for the petitioner and Ms. L. Devi, learned counsel for the respondents No. 1 and 6, being the Union of India and the State Coordinator of NRC, respectively. Also heard Ms. A. Verma, learned counsel for the respondents No. 2 and 4, being the authorities in the Home Department; Ms. K. Phukan, learned counsel for the respondent No. 3, being the Deputy Commissioner, Kamrup(R), Amingaon and Mr. A.I. Ali, learned counsel for the respondent No. 5, being the authorities in the Election Commission of India.

(2.) The petitioner Rejina Bibi was referred to the Foreigners' Tribunal, Kamrup (Rural) for rendering an opinion as to whether she is a foreigner under the Foreigners Act, 1946 and accordingly GFT(R) Case No. 1695/2017 was registered. The Tribunal had rendered its opinion dtd. 30/4/2019, by which the petitioner was declared to be a foreigner under the Foreigners Act, 1946. Being aggrieved, WP(C) No. 3970/2019 was instituted which was given a final consideration by the order dtd. 10/3/2023.

(3.) In WP(C) No. 3970/2019, the petitioner relied upon the voters' list of 1966 of village Nahira, Mouza Pub Samaria, P.S. Polashbari in the Kamrup district which contained the name of Hussain Ali son of Satu at Sl. No. 2443. The petitioner also relied upon a school certificate issued by the Headmaster of Satrapara Ideal High School which contained the information that Rejina Begam is the daughter of Md. Hussain Ali of village Satrapara. Although there was a variance in the name of the village i.e. the voters' list of 1966 was of village Nahira and the school certificate contained the information in respect of village Satrapara, but the said aspect was clarified by referring to the voters' list of 1977 which gave an indication that Nahira and Satrapara are in fact one and the same village. In the circumstance, the matter was remanded back to the Tribunal to enable the petitioner to render evidence of the Headmaster of Satrapara Ideal High School requiring him to produce the records in original of the school to establish the information contained in the school certificate which was relied upon by the petitioner.