JAYGUN BIBI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC for respondent no.1; Ms. A. Verma, learned standing counsel for respondent nos. 2, 4 and 6; Mr. P. Sarmah, learned Addl. Senior Govt. Advocate for respondent no. 3; and Mr. A.I. Ali, learned standing counsel for respondent no.5.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the opinion dtd. 21/6/2016, passed by the learned Member, Foreigners Tribunal (2nd), Morigaon, Assam, in Case No. F.T.(D) 1189/11 [Police Ref. D/N Case No. 175/97 dtd. 15/12/1997, arising out of E.R.O. Ref. No. LDB/ERO/81/16/12 dtd. 31/10/1997], by which the petitioner, namely, Musstt. Joygun Bibi, was declared to be a foreigner under Sec. 2(a) of the Foreigners Act, 1946, who has illegally entered into India (Assam) after the cut-off date 25/3/1971.

(3.) The petitioner, upon service of notice of the proceeding, appeared before the learned Tribunal and submitted her written statement, inter alia, stating that she is a citizen of India by birth. Her father is Md. Ambaz Ali, who is a citizen of India by birth, having landed property and she was born in village- Digali Ati under Bhuragaon P.S. in Morigaon District. She had married Md. Ibrahim Ali, son of Late Kuddus Ali of village- Haibargaon, P.S. Bhuragaon, Dist. Morigaon. The name of Ambaz Ali was enlisted as voter in the voters list of 1966 and 1970 in village- Baruating, under Bokoni (S.C.) LAC. The name of the petitioner was enrolled as a voter after marriage, but with mark 'D' against her name and therefore, she could not exercise her right to franchise. She had also stated that the Investigating Officer had submitted his report without any investigation and therefore, the case was liable to be set aside and she be declared as an Indian.