JAHURA KHATUN Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against the judgment dated 21st July, 2011 of the Foreigners Tribunal (1st), Morigaon passed in FT(D) Case No. 594/2006 (ERO Reference No. MYC 29/97/Case 2171) (Police Reference D/N Case No. 2255/97) (State of Assam Vs. Musstt. Jahura Begum), followed by the judgment dated 27th July, 2011 passed by the same Tribunal on the aforementioned case. While by the first judgment, the Tribunal answering the reference declared the petitioner to be a foreigner under Section 2(a) of the Foreigners Act, 1946, by the second judgment dated 27th July, 2011 while rejecting her review application made the same declaration. I have heard Mr. MH Ahmed, learned counsel for the petitioner. Also heard Mr. SC Keyal, learned Assistant Solicitor General of India and so also Mrs. M. Goswami, learned State counsel. 1 have also considered the entire materials on record including the records received from the Tribunal.

(2.) IN the written statement filed by the petitioner, she contended that she is a citizen of India by birth. She also stated that her parents' names, namely, Fazar Ali and Khatemon Nessa, were enlisted in the voter lists of 1965 and 1971 and also in subsequent orders. However, there was no statement as to whether her name also entered in any voter list and/or in any other documents. She also did not refer to any certificate etc. of the appropriate authority. She filed Exhibit -Ka; Exhibit -Kha; Exhibit -Ga and Exhibig -Gha voter lists and Jamabandi for surveyed villages. In the LCR, there is a certificate dated 28th June, 2011 purportedly issued by one Subodh Debnath, the Gaonburah of Dongabori Mouza. This certificate is without any exhibit number. It is also on a plain paper without any letter head and only a seal purportedly of Dongabori Mouza appears. By the said certificate, it was certified that one Ms. Jahura Khatun, daughter of Late Fazar Ali of village 2 No. Bongalbori is a habitant of the village. There is a later insertion in the certificate certifying that she got married with Md. Hossen Ali, son of Late Taniruddin.

(3.) ON perusal of the LCR, it is found that the suspicion arose when the name of the petitioner was found included in the draft voter list of 1994 that was prepared pursuant to the direction of the Election Office. As per the deposition of PW -1, during verification/inquiry, the petitioner was asked to produce valid documents but she could not produce any. Although she claimed that she was born in 1957 at Nagaon but failed to produce any prove. When the PW -1 visited her on the second time, she confessed that her original house is in Bangladesh in the District of Syllet in Karkigaon village under Madhupur Police Station. She also spoke in Bengali. It was in such circumstances, the report was submitted against her, which was exhibited as Exhibit -1.