MUSTT. KULSUM BEGUM @ BIBI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. B Banerjee, learned counsel appearing for the petitioners. The respondents are represented by Mr. M Bhagabati, learned Central Govt. counsel and Mr. J Handique, learned Govt. Advocate. The petitioner No.1 is the wife of Late Jahed Ali and the other 3

(2.) PETITIONERS are their minor children. They challenge the order dated 22.5.2013 (Annexure -1) in case No.F.T.(C) 86/2009, whereby the Foreigners Tribunal (2nd), Morigaon has declared that the petitioner No.1 has illegally entered into from Bangladesh after 25.3.1971 and therefore she and her children are foreigners under Section 2(a) of the Foreigners Act, 1946. The conclusion was reached on the ground that the petitioner failed to discharge their legal burden to prove that they are Indian citizens.

(3.) REFERRING to the 1966 voters list (Ext.'Ga'), where the name of the petitioner's father Habed Ali is included as a voter in the No.83 Bokani Legislative Assembly Constituency (L.A.C.) of Nagaon District, Mr. Banerjee submits that this voters list establish that the father of the petitioner No.1 was a citizen of India. The petitioner also refers to a 2nd 1966 voters list (Ext.'Gha') to show