JAYNAB BIBI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.S. Tapadar, learned counsel for the petitioner. Also heard Mr. G. Sarma, learned standing counsel for the FT matters, Mr. H.K. Hazarika, learned Govt. Advocate for the State and Mr. A.I Ali, learned standing counsel for the ECI.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the opinion dtd. 20/5/2017, passed by the learned Member, Foreigners Tribunal No. 3rd, Morigaon, by which the petitioner was declared to be a foreigner.

(3.) In brief, the case of the petitioner is that on receipt of the proceedings, the petition had appeared before the Foreigners Tribunal and had submitted a written statement of defence, inter alia, stating that the investigation and enquiry by the Superintendent of Police (Border), Morigaon is based on false information and allegation. It was stated that the petitioner was born and brought up in village Muamari under Mouza- Dhing in the district of Nagaon. She is the daughter of Late Kasom Ali and her grandfather is Pasan Ali, whose name is enlisted in NRC 1951. She was married to Asmot Ali at village- Dakhin Kalikajari, where she resides with her husband and she castes her vote regularly before this case and accordingly, she has prayed for dismissal of the case.