HUMARA BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. S. Tapader, learned counsel for the petitioner as well as Mr. J. Payeng, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2, 4 and 5. Also heard Mr. H. K. Hazarika, learned Government Advocate for the respondent No. 3.

(2.) None appears on behalf of the respondent No. 1, Union of India.

(3.) The brief facts of the case is that pursuant to a reference made by the Superintendent of Police (Border), Karimganj, vide Police Enquiry No.-D/3723/1999, the learned Member, Foreigners' Tribunal-I, Karimganj registered a case under Sec. 2 of the Foreigners' Act, 1946, being F.T. Case No. 367/2012 against the petitioner namely, Humara Begum. Subsequently, on transfer of the said F.T. Case No. 367/2012 from the Foreigners' Tribunal-I, Karimganj it was renumbered as F.T. Case No. 61/2016 before the learned Member, Foreigners' Tribunal-II, Karimganj, Assam, wherein, notice was initially issued to the petitioner on 4/5/2016 for her appearance in the said case. On receipt of notice of said F.T. Case No. 61/2016 the petitioner accordingly appeared before the learned Foreigners' Tribunal-II Karimganj on 2/11/2016 and contested the case by submitting her Written Statement and also adduced evidence along with the supported documents. In support of her Indian nationality, the petitioner placed and exhibited several documents and she was duly cross-examined by the State. After hearing the arguments put forwarded by the learned counsels for both the sides, the learned Member, Foreigners' Tribunal-II, Karimganj, Assam, vide its impugned final order/opinion, dtd. 24/3/2017 in said F.T. Case No. 61/2016, declared the petitioner as a foreigner under the Foreigners' Act, 1946, who had illegally entered into the territory of India from the specified territory of Bangladesh on or after 25/3/1971.