FATIMA BIBI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. S. Roy, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Mr. A. I. Ali, learned standing counsel for the ECI; and Mr. P. Sarma, learned Additional Senior Govt. Advocate for the State.

(2.) The petitioner Fatima Bibi is aggrieved by the impugned opinion dtd. 30/9/2016 in F.T. Case No. FT-9/79/GKJ/2015 and Ref. Case No. IM (D) T case no. 3012/98 passed by the learned Member, Foreigners Tribunal No. 9, Dhubri, whereby the petitioner was declared to be a foreigner who had entered into India from the specified territory on or after 25/3/1971. The instant case was registered and notices were issued to the petitioner. Earlier this case was registered under the IMDT Act, but was subsequently transferred to the Foreigners Tribunal. The petitioner appeared before the Tribunal and filed her written statement and duly contested the proceeding. She adduced her evidence as DW1 and the evidence of Moinul Hoque as DW2, and exhibited some documents.

(3.) Through her written statement, Fatima Bibi submitted that she is an Indian citizen and the letter 'D' was erroneously inserted against her name in the electoral roll. She tried to establish her lineage with her parents through the certificate issued by the Secretary of the Sagolia Gaon Panchayat and countersigned by the B.D.O of Agomani Development Block.