RAFIKA BIBI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. F.U. Barbhuiya, learned counsel for the petitioner. Also heard Ms. J. Sarma, learned CGC; Mr. G. Sarma, learned Standing Counsel for the FT matters and NRC; Mr. A.I. Ali, learned Standing Counsel for the ECI; and Mr. P. Sarmah, learned Additional Senior Government Advocate for the State respondent.

(2.) The petitioner has preferred an application under Article 226 of the Constitution of India challenging the impugned opinion/order dtd. 6/3/2020, passed by the Foreigners Tribunal 10th, Dhubri in F.T. Case No.10/TMH/1211/2018 arising out of "D" Voter Case No.43/D/07 declaring the petitioner to be a foreigner of post 25/3/1971.

(3.) The case of the petitioner in brief is that the petitioner is a citizen of India by birth and is a permanent resident of village - Uttar Kachakhana under Tamarhat P.S in the district of Dhubri, Assam. The petitioner was born and brought up at village - Belguri Part I under Agomoni Police station in the district of Dhubri. The name of the petitioner's grandfather is late Ainulla @ Aynullah Munsi. The father's name of late Ainulla Munsi is late Gamiruddin. Late Gamiruddin got two sons Ainulla Munsi and Farid Uddin Sarkar. The petitioner's grandfather had two wives - Shabijan Bibi and late Moina Bibi @ Moina Bewa. The name of the petitioner's father is late Safiar Ali @ Sopior Rahman @ Safior Rahman @ Safiyar Ali who expired on 31/5/2019 and mother's name is Jarina Bibi who is alive and they are the citizens of India by birth.