AKLIMA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. D. Ghosh, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the respondent No.1 and 4 being the Union of India, Mr. G. Sarma, learned Counsel appearing for the Home Department of Government Assam for the respondent No.2, 6, 7 and 8, Mr. A.I. Ali, learned counsel for the respondent No.3 being the Election Commission of India and Ms. U. Das, learned Advocate for the respondent No.5 being the Deputy Commissioner, Bongaigaon.

(2.) The petitioner, namely, Aklima Khatun has been referred to the Foreigners' Tribunal, Bongaigaon No.2 at Abhayapuri 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 case No. BNGN/FT/93/2013. The Tribunal rendered an opinion dtd. 22/10/2021 declaring the petitioner to be a foreigner. Being aggrieved this Writ Petition is instituted.

(3.) In the Writ Petition, the petitioner relies upon the Voters List of 1965 of Village Bonbahar, Police Station Barpeta in Betbari Mouza of Barpeta District, which contains the name of Abul Hussen son of Rahmat Hussen at Sl. No.52 and Aliman Nessa wife of Abul Hussen at Sl. No.53 and both are shown to be residing in the same House No.13. Similar Voters List is relied upon in respect of 1970 of Village Bonbahar. The petitioner also relies upon the Voters List of 1993 of Village Bonbahar containing the name of Fazlul Hoque son of Abul Hussain at Sl. No.192 and that of Alimon Nessa wife of Abul Hussain at Sl. No.193 and both are shown to be residing in the House No.105 (Ka).