RAMENA BEGUM @ RAMENA KHATUN @ RAMANA KHATUN @ RAMALA KHATUN D/O ROBI MULLA, W/O ABDUL BAREK MIAH, VILL. KUKURPAR, P.S. SARTHEBARI, DIST Vs. THE UNION OF INDIA AND 2 ORS, REPRESENTED BY THE SECRETARY OF THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI

JUDGEMENT

(1.) By means of this writ petition, the petitioner has challenged the order dated 30th March, 2013 of the learned Member, Foreigners' Tribunal No.III, Barpeta, Assam, passed in F.T. Case No.35(III)/2010 (IMDT Ref. Case No.721/A/98) (State of Assam Vs. Ramena Begum). By the said order, she has been declared to be a foreigner of post 25th March, 1971 stream. Coming to the writ Court, the petitioner has identified herself by 4(four) names, such as Rumena Begum @ Ramena Khatun @ Ramana Khatun @ Ramala Khatun.

(2.) The proceeding against the petitioner started on the basis of a reference made by the Superintendent of Police (Border), Barpeta. When the name of the petitioner was incorporated in the Draft Electoral Role published on 24th July, 1997 as Ramena Begum, a doubt arose as to her citizenship and accordingly, a reference was made to the Superintendent of Police (Border), Barpeta. Along with the reference, the report of the Local Verification Officer (LVO) was also enclosed. Be it stated here that the intensive revision of electoral role for 46 No. Sarukhetri Legislative Assembly Constituency was carried out as per the direction of the Election Commission of India. House to house enumeration was done during the period from 16th Jan., 1997 to 15th April, 1997.

(3.) In the proceeding before the Tribunal, the State examined the Local Verification Officer as witness No.1, who, in his deposition, stated that he along with his staff had gone to Village - Kukarpar, PS - Sarthebari and met the petitioner Ramena Begum, wife of Barek. On being asked, she failed to produce any documents in support of her Indian citizenship. Time was allowed to her to do so but she failed. Accordingly, he submitted the Exhibit-1 report containing his Exhibit-1(1) signature.