MOMTAJ BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M.I. Hussain, learned counsel for the petitioner and Ms. L. Devi, learned counsel for the respondents No. 1 and 4, being the Union of India and the State Coordinator of NRC, respectively. Also heard Ms. A. Verma, learned counsel for the respondents No. 2, 6 and 7, being the authorities in the Home Department; Mr. A.I. Ali, learned counsel for the respondent No. 3, being the authorities in the Election Commission of India and Mr. T.R. Gogoi, learned counsel for the respondent No. 5, being the Deputy Commissioner, Bongaigaon.

(2.) The petitioner Momtaj Begum was referred to the Foreigners' Tribunal No. 1, Bongaigaon 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 and accordingly Case No. BNGN/FT/63/10 was registered. In course of the proceeding, the petitioner presented a certificate from the Gaon Panchayat Secretary dtd. 18/1/2023 and made a prayer that the said certificate be accepted by claiming that it is a new discovery. The Tribunal on being not satisfied that it is a new discovery had rejected the prayer by arriving at its conclusion that the certificate of the Gaon Panchayat Secretary could not be treated as a new discovery.

(3.) We see no reason not to accept the said view of the Tribunal, but at the same time, when the petitioner is required to discharge her burden under Sec. 9 of the Foreigners Act, 1946 that she is an Indian citizen, she must be given all opportunities, as may be available, to produce any relevant material which may indicate that she is an Indian citizen. Usually the method adopted is that a person is identified from a given voters' list which may indicate that the said person is an Indian citizen and thereafter prove that the person concerned is the father of the proceedee.