AHEDA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. G. Uddin, learned counsel for the petitioner. Also heard Mr. M.R. Adhikari, learned CGC for the respondent no.1; Ms. A. Verma, learned standing counsel for the Border and FT matters, representing respondent nos.2, 4, 6 and 7; Ms. S.T. Khan, learned counsel, appearing on behalf of Ms. P. Barua, learned standing counsel for the respondent no.3; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate, appearing for the respondent no.5.

(2.) In brief, the case of the petitioner is that on the basis of a report from the Electoral Registration Officer of the 85 No. Rupahihat LAC, Police Reference 'D' (i.e. doubtful) Case No. 94/98 was registered. Accordingly, the Superintendent of Police (Border), Nagaon, had submitted the reference before the erstwhile Illegal Migrants (Determination) Tribunal, Nagaon [hereinafter referred to as IM(D)T for short) for determination of the reference. The Supreme Court of India, in the case of Sarbananda Sonowal Vs. Union of India and Ors., (2005) 5 SCC 665 , declared the Illegal Migrants (Determination by Tribunal) Act, 1985 [hereinafter referred to as IM (DT) Act for short], as ultra vires , and directed that all the reference pending before the IM(D)Ts be transferred for determination before the Foreigners Tribunals. As a result, the said reference case was transferred to the Foreigners Tribunal, 4th, Nagaon at Juria, and the reference was numbered as FT Case No. 72/2017 [arising out of Police Ref. 'D' Case No. 94/98].

(3.) On receipt of notice, the petitioner appeared before the learned Tribunal and filed her written statement. Thereafter, she had filed her evidenceon-affidavit and exhibited the following documents, viz., School certificate (Ext.1); certificate from Gaonburah of village- Chatian (Ext.2); certified copy of voter list of 1965 (Ext.3); certified copy of voter list of 1970 (Ext.4); certified copy of voter list of 1985 (Ext.5); certified copy of voter list of 1997 (Ext.6); jamabandi of land mutated on inheritance (Ext.7); registered deed (Ext.8). The petitioner had also examined Moin Uddin Ahmed, projected elder brother of petitioner as PW-2, who had filed his evidence-on-affidavit. The petitioner had also examined Nazrul Islam, the Gaonburah of village- Chatian as her witness, who was summoned by the learned Tribunal, and he had stated that he had issued a certificate (Ext.2) to the petitioner and Ext.2(1) is his signature. As the said Ext.2 contained State Emblem, he had produced another certificate that did not contain State Emblem. The petitioner had also examined Imran Hussain Ansary, the Headmaster of Chatian M.E. School as her witness, who was summoned by the learned Tribunal, and had deposed regarding school certificate (Ext.1), issued by him.