MUSSTT. NAIMA BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Md. Gias Uddin, learned counsel for the petitioner and Mr. C. S. Baruah, learned CGC for the respondent No. 1. Also heard Mr. J. Payeng, learned Standing counsel, Home Department Assam for the respondents Nos. 2, 4 and 5 as well as Mr. P. Sharma, learned Additional Senior Government Advocate Assam for the respondent No. 3.

(2.) Pursuant to a reference made by the Superintendent of Police (Border), Nagaon vide IM(D)T Case No. 1218/2004, initially a case being No. FT/H/2020/2012 was registered against the petitioner, namely, Musstt. Naima Begum, before the Foreigners' Tribunal, Hojai where notice of the case was issued to her on 13/12/2012. On receipt of notice of the case the petitioner on 18/4/2015 submitted her written statement in said Case No. FT/H/2020/2012 along with some Photostat copies to prove her nationality. On 23/7/2015, the petitioner submitted her evidence in chief along with certain documents in support of her Indian nationality.

(3.) As the matter relates to Jamunamukh Police Station, therefore, on 20/8/2015 the said Case No. FT/H/2020/2012 was transferred to the Foreigners' Tribunal, No. 10th at Sankardev Nagar, Hojai, wherein, the same was reregistered as F.T (D) Case No. 134/2015. The said Foreigners' Tribunal No.10th again issued a fresh notice to the petitioner, pursuant to which she appeared before the said Tribunal on 16/9/2015 and she was duly cross-examined by the State. After hearing the arguments put forwarded by the learned counsels for both the sides and on considering the evidence adduced by the petitioner, learned Foreigners' Tribunal Nagaon, No.10th at Sankardev Nagar, Hojai by the impugned judgment dtd. 31/10/2016 opined the petitioner to be a foreigner under the Foreigners' Act, 1946, who had illegally entered into the territory of India (Assam) on or after 25/3/1971.