JOYTAN BIBI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. P.C. Dey, learned counsel for the petitioner. Also heard Mr. J. Sarma, learned CGC for the Union of India; Mr. H.K. Hazarika, learned Govt. Advocate for the State; Mr. G. Sarma, learned standing counsel for the FT matters and NRC and Mr. M. Islam, learned counsel, appearing on behalf of Mr. A.I. Ali, learned standing counsel for Election Commission of India.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, Jaytan Bibi, has assailed the opinion dtd. 8/11/2016, passed by the learned Member, Foreigners Tribunal No.(8th), Dhubri in FT Case No. 8/149/GKJ/2015, bearing FT Case No. 4645/GKJ/2011, arising out of Ref. IM(D)T Case No. 5917/98, by which she was declared to be a foreigner of post 25/3/1971 stream.

(3.) On receipt of notice of the proceedings, the petitioner had filed her written statement on 19/12/2015 and claimed that she was a genuine citizen of India and there was no reasonable ground to declare her as foreign national. She had stated that before her marriage with Nausad Ali of village- Kaimari Part V, she was residing with her parents at village- Shilghagri, under Boxirhat P.S., Dist. Coochbehar, West Bengal. Her father's name is Abbas Ali Sk. @ Sk. Abbas, whose name is recorded in the voter list of 1966 of village- Balakuti under Tufanganj (SC) Assembly Constituency. Her mother's name is Surjya Bibi @ Surjya Bewa and her brother's name is Ismail Miya. Later on, her father had shifted his village to Silghagri and on 2/11/1981, he had purchased a plot of land from Jafor Ali Sk. The name of her father is recorded as final khatian holder vide khatian no. 45, Mouza- Silghagri, Coochbehar, West Bengal and the names of her parents were recorded in the voter list of 1975 of the said village. She had stated that her name was entered in ration-card on 18/11/1988 as Mossa-mad Jayton Nessa. After her marriage with Nausad Ali, she has been residing with her husband at village Kaimari Part-V and her name is entered in enumeration list of 1997 and 2004. Her mother, Surjya Bibi @ Surjya Bewa has an election identity card.