AMELA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. M. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. S. K. Medhi, learned CGC, appearing on behalf of the Union of India; Mr. A. I. Ali, learned Standing Counsel for the ECI, Mr P. Sarmah, learned Additional Senior Government Advocate, Assam, and Mr. G. Sarma, learned Standing Counsel for the FT, Border matters and NRC.

(2.) By this application filed under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the opinion dtd. 22/2/2019, passed by the learned Member, Foreigners' Tribunal, Bongaigaon No. 2, Abhayapuri, in BNGN/FT-2/APR/Case No. 251/216, corresponding to Ref. No. BNGN IM(D)T Case No. 1798/03, whereby the petitioner was declared a foreigner of post-25/3/1971 stream.

(3.) The petitioner stated that she belongs to a very poor family and that she was around 1972 and was brought up at Village-Balagaon under Baghbor Police Station in the district of erstwhile Kamrup, now Barpeta, Assam. The petitioner's father's name is Hazrat Ali @ Hazrat Mandal and mother's name is Sakina Khatun and that the grandfather of the petitioner was Late Darog Ali. She further stated that she had three brothers and four sisters including her, names of which she has mentioned in the petition. The petitioner got married with one Minhaz Ali, son of Abdus Samad under Srijangram Revenue Circle, Bongaigaon. She, thereafter stated that there was no question of her or her family members being foreigner, but the Police committed a mistake and by randomly, without collecting proper information, made the reference before the learned Tribunal, and that no enquiry was made regarding her nationality and further that, the Police never visited her parents' house or her husband's house at any point of time.