ANOWARA BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred the present petition as a petition under Article 226 of the Constitution of India by styling it as a review petition. By the present petition, the petitioner has sought for review/recall of an Order dtd. 24/4/2019 passed in a writ petition, W.P. [C] no. 8178/2018 and another Order dtd. 11/9/2019 passed in a review petition, Review Petition no. 95/2019. The petitioner has also sought for setting aside and quashing of an Opinion/Order dtd. 29/9/2018 passed by the Foreigners' Tribunal [II], Dhubri in F.T. Case no. 328/F/15.

(2.) The relevant events leading to the institution of the present petition are found necessary to be briefly exposited, at first, before going into the issue involved in the present petition.

(3.) Suspecting the petitioner to be a doubtful citizen and a foreigner on the basis of a Report submitted by the LVO and ERO of 39, Jaleswar Legislative Assembly Constituency [LAC], the Superintendent of Police [Border], Dhubri as a competent authority forwarded a Reference to the Foreigners' Tribunal [II], Dhubri ['the Tribunal', for short] to decide the nationality of the petitioner under the Foreigners' Act, 1946, as amended. The Reference, so forwarded, was registered as F.T. Case no. 328/F/15. Notice was issued to the petitioner as the opposite party in F.T. Case no. 328/F/15 by the Tribunal. On receipt of the notice, the petitioner as the opposite party entered appearance before the Tribunal and filed a written statement along with copies of a number of documents claiming that she was not a foreigner of post-25/3/1971 stream.