FATEMA BIDHABA Vs. UNION OF INDIA

JUDGEMENT

(1.) This review petition is directed against the order dtd. 10/11/2020 passed in WP(C) No. 1906 of 2020. By the said order, the writ petition filed by the petitioner challenging the opinion dtd. 29/11/2019 passed in FT. Case No. (Bpt/11th) 1910/2017 rendered by the Member, Foreigners' Tribunal No. 11, Barpeta, declaring the petitioner to be a foreigner/illegal migrant who had entered Assam on or after 25/3/1971, was affirmed and the writ petition was dismissed.

(2.) Before the Tribunal, the petitioner contested the reference by filing written statements and supporting documents. The case projected before the Tribunal was that she was born in 1966 at Village Pota under Sarupeta Revenue Circle of Barpeta district. Her parents' names were Abdul Kader Ali and Moyful Nessa and her grandmother's name was Hazera Bewa. She had produced copies of the electoral Rolls for the years 1965, 1970, 1989, wherein the names of her parents and grandmother names are found recorded as voter. She was married on 1/10/1983 to Abdul Rajjak of village Haldia Gaon, P.S. Kalgachia District Barpeta, Assam and for the first time, her name was recorded as a voter in the year 1985 along with her husband in respect of village Haldia under 44 No. Jania LAC. Before the Tribunal, the petitioner examined two witnesses-herself as DW-1 and one Abul Kalam Ahmed as D.W-2, who was projected as her brother.

(3.) On these documents and evidences adduced, the petitioner contested her case and urged before the Tribunal that the reference against her was uncalled for, and that she being a citizen of India, the same should be answered in her favour.