ANOWARA BEGUM Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) This writ petition is directed against the judgment and order dated 17.5.2010 (Annexure -A) of the Foreigners Tribunal, Nagaon passed in FT Case No. 639/2007 (State Vs. Musstt. Anowara Khatoon). By the said order, the petitioner has been declared to be a foreigner of post 25.3.1971. I have heard Mr. A. Sharif, learned counsel for the petitioner. Also heard Ms. P. Baruah, leaned counsel appearing on behalf of Mr. SC Keyal, learned Assistant Solicitor General of India and so also Mr. N. Goswami, learned State counsel. I have also perused the entire materials on record including the records received from the Tribunal.

(2.) The case against the petitioner was initiated when her name was included in the draft electoral roll of 85 Rupahihat Assembly constituency. The draft electoral roll was published on 24.7.1997 pursuant to the order of the Election Commission of India for intensive revision of electoral roll with reference to 1.1.1997 as the qualifying date. House to house enumeration was done during the period from 16.1.1997 to 15.4.1997. When the name of the petitioner was included in the said draft electoral roll, a doubt arose as to whether she is an Indian citizen or an illegal migrant. Accordingly following due process, a reference was made to the Foreigners Tribunal to answer as to whether the petitioner is an Indian citizen or not.

(3.) In the writ petition, the petitioner has assigned the following ground for non -appearance.