ALESWARI DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC for respondent No. 1; Mr. G. Sharma, learned Standing Counsel, Home Department Assam for respondent Nos. 2 and 6; Mr. A. I. Ali, learned Standing Counsel, Election Commission of India for respondent No. 3; and Mr. R. Talukdar, learned Government Advocate, Assam for respondent No. 5.

(2.) This writ petition, under Article 226 of the Constitution of India, is directed against the impugned order dtd. 28/5/2018, passed by the learned Foreigners Tribunal, Bongaigaon No. 2, Abhayapuri in BNGN/FT/Case No. 1731/07, whereby the petitioner was declared to be a foreigner/illegal migrant of post 25/3/1971 stream.

(3.) The brief facts of the case is that in pursuant to a reference made by the Superintendent of Police (Border), Bongaigaon, vide REF:BNGN IMDT Case No. 1953/04, the Foreigners' Tribunal, Bongaigaon No. 2, Abhayapuri registered a case, being BNGN/FT/Case No. 1731/07. Thereafter, notice was issued to the petitioner/proceedee for appearance. Accordingly, the petitioner appeared before the learned Tribunal and contested the case by filing Written Statement and also adduced her evidence as DW-1 and evidence of another witness, namely, Jogesh Chandar Das (elder brother), as DW-2. In support of her Indian nationality, the petitioner also produced and exhibited several documents and she was duly cross-examined by the State.