TOBINA BIBI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. AT Sarkar, learned counsel for the petitioner. Also heard Ms. P. Swargiary, learned counsel for the respondent No.1 being the Union of India, Mr. A.I. Ali, learned counsel for the respondent No.2 being the Election Commission of India, Mr. G. Sarma, learned Counsel appearing for the Home Department of Government Assam being the respondent No.3, Ms. L. Devi, learned counsel for the respondent No.4 being the authorities under the NRC and Ms. K. Phukan, learned Advocate for the respondent No.5 being the Deputy Commissioner, Dhubri.

(2.) The petitioner, namely, Tobina Bibi @ Tamina Bibi was referred to the Foreigners' Tribunal No.8, Dhubri 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 F.T. Case No.FT-8/75/GKJ/2018 and by the opinion rendered on 30/11/2018, declared the petitioner to be a foreigner. Being aggrieved this Writ Petition being instituted.

(3.) In the Writ Proceeding, the petitioner refers to the Voters List of 1966 of Village 187 Silghagri Part-I, Mouza Dhubri in Dhubri District, which contains the name of Tahu Sheikh, son of Khaiddi at Sl. No.65. The petitioner also refers to the Voters List of 1970 of Village 187 Silghagri Part-I, Mouza Dhubri in Dhubri District, which contains the name of Tahu Sheikh, son of Khaiddi at Sl. No.79 and that of Khatun Bibi, wife of Tahu at Sl. No.82. Khatun Bibi as DW.2 had deposed before the Tribunal that her daughter is Tobina Bibi who was born and brought up in village Silghagri Part-I in the Dhubri District and that she has two daughters and two sons, namely, Tobina Bibi @ Tamina Bibi, Nomina Bibi, Hasen Ali and Hussain Ali. She also stated in her evidence that Tahu Sheikh is her father and the name of her father-in-law is Khaiddi. In her cross-examination, the DW.2 had stated that the proceedee Tobina Bibi @ Tamina Bibi is her own daughter and she is not known by any other name and further that she has two sons and two daughters and the proceedee is the eldest among them.