HANUFA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. P.K. Roychouhury, learned counsel for the petitioner. Also heard Mr. P.S. Bhattacharyya, learned CGC for the respondent No. 1, Mr. G. Sarma, learned Standing Counsel representing the Home Department of Government of Assam, respondent Nos. 2 and 4, Mr. R. Talukdar, learned Government Advocate, Assam for the respondent No. 3 and Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned Standing Counsel for the Election Commission of India, respondent No. 5.

(2.) The petitioner has filed this application under Article 226 of the Constitution of India challenging the opinion dtd. 27/9/2018 passed by the learned Foreigners' Tribunal No. 11th, Barpeta at Sorbhog in Case No. (Bpt/11 th) F.T. 712/2016 whereby the petitioner was declared as a foreigner of post 1971 stream.

(3.) It is submitted that the petitioner is a citizen of India and she is a voter at village - Puthimari under 40 No. Sorbhog LAC in the district Barpeta and as such, the Election Commission of India issued an Elector Photo Identity Card in her favour. Aadhaar Card was also issued in her favour by the Government of India. It is averred that the petitioner received a notice on 12/6/2018 in connection with Case No. (Bpt/11th) F.T. 712/2016 and she appeared before the learned Tribunal. It is contended that although the notice reveals that the petitioner failed to produce any valid document during enquiry regarding her citizenship but in reality no enquiry was held relating to the petitioner's nationality, nor did the Enquiry Officer visit her house. The Electoral Registration Officer (ERO in short) report reveals the verification of one HanufaKhatun, W/O- Abddul Hakim, D/O - Abdul Jubbar Sonar of village - Khudnabari (Annexure-14), which is not related to the petitioner.