KULSUM KHATUN @ KULSUM BIBI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr M U Mahmud, learned counsel for the appellant, Ms G Sarma, learned counsel for the Central Government and Mr S Chakraborty, learned Government Advocate, Assam.

(2.) THIS appeal is directed against the Judgment and Order dated 30.09.2015, passed by the learned Single Judge, dismissing WP (C) No. 5399 of 2015, filed by the appellant as the writ petitioner against the order dated 20.12.2010, passed by the learned Member, Foreigners' Tribunal (II), Nagaon in FT Case No. 227 of 2006, declaring the appellant to be a foreigner having illegally entered into India (Assam) after 25.03.1971.

(3.) FROM the materials on record, it is seen that a reference was made by the Superintendent of Police (Border), Nagaon, under the Foreigners' Act, 1946 and the Foreigners' (Tribunals) Order, 1964, against the appellant with the allegation that appellant was a foreigner having illegally entered into and residing in India (Assam) after 25.03.1971. On the basis of the said reference, FT Case No. 227 of 2006 was registered in the Foreigners' Tribunal (II) Nagaon. Notice issued by the Tribunal was served upon the appellant, whereafter, she appeared and submitted her written statement refuting the allegation and stating that she was an Indian citizen. She also adduced one witness and exhibited 2 (two) documents in support of her claim. After hearing the matter, learned Member disbelieved the version of the appellant and vide order dated 20.12.2010, declared the appellant to be a foreigner having illegally entered into India (Assam) from Bangladesh on or after 25.03.1971.