MONOWARA BEWA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. B. Rahman, learned counsel for the petitioner, Mr. C. Choudhury, learned Advocate General, Assam assisted by Mr. R. Dhar, learned Govt. Advocate, Assam and Mr. S.C. Keyal, learned Assistant Solicitor General of India assisted by Ms. G. Sharma, learned Central Government counsel.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 17.03.2016 passed by the Foreigners Tribunal No.5, Dhubri in FT Case No.FT-5/G/58/2015 declaring the petitioner to be a foreigner who had illegally entered into India (Assam) after 25.03.1971.

(3.) In the course of hearing, an issue of considerable public interest surfaced, namely, legality of the certificate issued by the Gaon Panchayat Secretary and counter-signed by Revenue Officer of the State certifying reside-ntship of the certificate holder (petitioner) in an area within his jurisdiction, as a supporting document for inclusion in updated National Register of Citizens (NRC) which the petitioner relied upon in support of her contention of being a citizen of India and not a foreigner. We will discuss this issue in the second part of the judgment under the heading "Larger Issue".