AMINA BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. K. Mira, learned counsel for the petitioner. Also heard Mr. B. Chakravarty, learned CGC for respondent no.1; Mr. J. Payeng, learned standing counsel for FT, Border matters and NRC, for respondent nos. 2, 3, 5 and 7; Mr. A.I. Ali, learned standing counsel for respondent no.6, and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate for respondent no.4.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Amina Begum @ Amina Khatun @ Aminjan Bibi, has assailed the opinion dtd. 27/5/2019, passed by the learned Member, Foreigners Tribunal, Baksa at Tamulpur, Assam, in F.T. Case No. 94/Baksa/2017, corresponding to S.P.(B) Nalbari Reference: IM(D)T Case no. 1788/2003, by which she was declared to be a foreigner who has illegally entered into India on or after 25/3/1971 from the specified territory.

(3.) On receipt of notice, the petitioner had appeared before the learned Tribunal and had filed her written statement, projecting that her father is Acharuddin Ali @ Achuruddin @ Acharuddin Sheikh @ Afchor Uddin, who was born in India at village- Salmara, Mouza- Kumarikata, P.S. Tamulpur, in Baksa district. She had stated that her father had landed property of 1963-64, covered by Dag No. 114 of K.P. Patta No. 12 of Village- Salmara, Mouza- Kumarikata, P.S. Tamulpur, Dist. Baksa, which he had inherited from his father, Ajimuddin Seikh. The said land was inherited by her brother. The petitioner had stated that her mother is Late Jahara Khatun. She had also stated that she was born in the year 1960 at village- Salmara, which is the nearest to village Dimlapar, P.S. Tamulpur, in Baksa district and in the year 1978, she was married to Ibrahim Ali, son of Late Iman Ali, of village- Dimlapar, P.S. Tamulpur, District Baksa and after marriage, she was residing in her matrimonial house. She has five brothers, namely, Majarat Ali @ Marjat Ali, Hussein Ali, Akkash Ali, Selim Malik and Amzad Ali. Her father has four brothers and two sisters, namely, Late Isu Sheikh, Acharuddin Ali @ Achuruddin @ Acharuddin Sheikh @ Afchor Uddin, Idrich Ali @ Idris Ali, Hasmat Ali, Late Samela Khatun and Moiram Bibi. She has five female children, namely, Kulsun Begum (aged about 35 years), Sajida Begum (aged about 32 years), Sahida Begum (aged about 30 years), Ajida Begum (aged about 27 years), and Rukchana Begum (aged about 25 years).She had stated that her name appeared in the voters list of 1997, 2005, 2010 and 2016. Along with her written statement, she had filed photocopies of jamabandi of 1963-64, voters list of 1997, 2005, 2010 and 2016, village Headman's certificate, illegible miyadi patta , voter list of 1965, land revenue payment receipt nos. 14086, 4852, 47445, 1513, 25248, voters list of 1970, Income Tax PAN Card, Elector Photo Identity Card (EPIC for short) of Aminjan Bibi.