SHUKURJAN NESSA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. H. Ali, learned counsel for the petitioner. Also heard Mr. S.P. Choudhury, learned CGC for the Union of India, Mr. H. Kuli, learned counsel, appearing on behalf of Mr. A.I. Ali, learned counsel for the Election Commission of India; Mr. J. Payeng, learned standing counsel for FT matters;Mr. G. Sarma, learned standing counsel for N.R.C.; and Mr. P. Sarmah, learnedAddl. Senior Govt. Advocate.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the opinion dtd. 6/10/2018, passed by the learned Member, Foreigners Tribunal 5th, Barpeta, in Case No. FT (5th) 586/2016 [arising out of Reference- IM(D)T Case No. 2073/A/98], thereby declaring the petitioner to be a foreigner, who has entered into Assam on or after 25/3/1971.

(3.) In brief, the case of the petitioner is that as per the record received from the said learned Tribunal, upon service of notice, the petitioner had appeared before the learned Tribunal and she had filed her written statement and contested the proceeding. The petitioner had denied that she was a foreigner and claimed that her parents were Indian citizens.