MAMEZA KHATUN Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The petitioner who has been declared to be a foreigner (illegal Bangladeshi Migrant) by the Foreigners Tribunal, has filed this writ petition challenging the legality and validity of the order, so passed by the Tribunal. The impugned order is dated 4.3.2008 passed by the Foreigners Tribunal, Kamrup (Metro) in FT case No. FT Kamrup (M) 49/07.

(2.) The case of the petitioner is that her name is Mameza Khatun and the Tribunal by its impugned judgment and order, has declared one Mrs. Mumtaz Begum to be a foreigner (illegal Bangladeshi migrant). It is the case of the petitioner that although she is not involved in the said FT case. No. Kamrup (M) 49/07, corresponding to IMDT case No. 3031/04 and police case No. 852/2006, but she has been wrongly picked up branding her to be an illegal Bangladeshi migrant, entering Assam after 25.3.1971.

(3.) According to the petitioner, she is an Indian citizen, by birth, and her present age is about 38 years. She has stated that her name appeared in the voter list of 2005. As regards the proceeding before the Tribunal, the petitioner has stated that she had appeared before the Tribunal on 10.10.2007, showed certain documents to the Tribunal and verbally explained that the notice relating to Mrs. Mumtaz Begum did not pertain to her. According to her, she had verbally explained before the Tribunal that her name being Mameza Khatun, she should be absolved from the proceeding According to the petitioner, after such verbal submissions before the Tribunal, she did not appear any more to answer the proceeding. It was only in the month of March, 2009, she came to know that the proceeding has been answered against her and the police has issued the Quit India Notice. After obtaining the certified copy of the ex parte order dated 4.3.2008 passed by the Foreigners' Tribunal, Kamrup (Metro) in FT case No. 49/07, she has approached this Court.