ZABEDA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, who has been declared to be a foreigner (illegal Bangladeshi migrant) by the Foreigners Tribunal -III, Barpeta, Assam, vide order dated 31/10/2012 in FT Case No. 78 (III)/2012 (Ref. Case No. 3431/98 (State of Assam Vs. Zabeda Khatun), has filed the instant writ petition challenging the said order. As has been claimed in the writ petition, the petitioner's parent, Sattar Bhuyan and Ayoman Nessa were the voters of the particular assembly constituency and their names appeared in the voter lists of 1970 followed by 1997. Before the Tribunal, she had produced the voter lists of 1966, 1970 and 1997. According to the petitioner, her father's name was incorporated in the voter list of 1966. She has also referred to the certificate of the Gaon Burha certifying her marriage with Tomezuddin Mia, S/o. Jalal Uddin. According to the petitioner, her parents names were wrongly shown as Abdul Sattar and Zamela Begum in the voter list of 1997 instead of Sattar Bhuyan and Ayoman Nessa. She has also claimed that the name of her grandfather was wrongly shown as Amdali instead of Abed Ali.

(2.) FURTHER stand of the petitioner in the writ petition is that her name appeared in the voter list of 1970 along with her husband, but inadvertently at the time of preparing the written statement filed before the Tribunal and adducing evidence in chief on affidavit, the same could not be furnished as the engaged lawyer did not guide her properly. Repeating the same very contention of wrong recording of name, she has contended that her name was wrongly shown as Zabeda Begum instead of Zabeda Khatun in the voter list of 1989. She has also claimed that her name was incorporated in the voter list of 1994. As per the statement made in paragraph -6 of the writ petition, the petitioner was born in Village -Balidhari under P.S. Tarabari in the district of Barpeta in the year 1949.

(3.) I have heard Mr. A.R. Sikdar, learned counsel for the petitioner. I have also heard Mr. M. Bhagabati, learned CGC. I have also perused the entire materials on record. My findings and conclusions are as follows.