ANITA MAJUMDER Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.Z. Ahmed, learned counsel for the petitioner. Also heard Mr. G. Sharma, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2, 3 and 4 as well as Mr. A.I. Ali, learned Standing Counsel, Election Commission of India for the respondent No.5.

(2.) In a police Case being F.T.Case No.353/2014 registered under the Foreigners Act, 1946, police personnel from Noonmati Police Station on making an enquiry, found the petitioner to be a suspected foreigner. As such, as per the report of the concerned authority of Noonmati Police Station, after such enquiry, the Superintendent of Police (Border), Guwahati City on 19/3/2014 referred the matter to the Foreigners Tribunal, Kamrup (Metro), Guwahati under the Foreigners Act, 1946 for its opinion whether the petitioner is or is not a foreigner.

(3.) The said reference was placed before the Foreigners Tribunal, Kamrup (M) 3 rd, Guwahati wherein it was registered as F.T. Case No. 691/2015. The petitioner on receipt of notice under the Foreigners Act, 1946 from the said Tribunal, submitted her written reply/statement before it in said F.T. Case No. 691/2015 on 10/11/2016 stating that Smti Tarulata Mandal is her mother, who is the daughter of one Late Jogesh Chandra Baishya and Late Kripabala Baishya of village Ujandubi, Police Station- Manikpur, Gaon Panchayat -Pelengbari, Mouza-Bijni under Bijni Revenue Circle in the District of Bongaigaon, Assam. She also stated that her father was late Rasaraj Mandal. To prove her case, the petitioner exhibited the following documents before the learned Foreigners' Tribunal, Kamrup (M) 3 rd, Guwahati:-