SONAJAN NESSA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner, who is aged about 57 years, seeks to establish her Indian citizenship on the basis of the four documents (Annexures-1, 2, 3 and 4) annexed to the writ petition. The first two documents are the voter lists of 1966 and 1970 containing the names of 4 and 5 persons respectively. During the course of hearing, learned Counsel for the petitioner submitted that the person named Sakim Uddin in both the voter lists in her father through whom she claims her Indian citizenship. In paragraph 2 of the writ petition, in support of which the aforesaid two documents have been annexed, it has been stated that the persons named in Sl. Nos. 137 and 172 of the voter lists is the father of the petitioner.

(2.) The other two documents which the petitioner has placed reliance in support of her Indian citizenship is the voter list of 1997 containing her name and a certificate dated 7.10.2009, certifying that she is the resident of the p icular locality.

(3.) The petitioner has been declared to be a foreigner by the Foreigners Tribunal, Barpeta in F.T. Case No. 238/07 (B) (F.T. Reference No. 3246/2001), vide judgment and order dated 31.8.2009. Being aggrieved, she has invoked the writ jurisdiction of this Court with the statement in paragraph-1 of the writ petition that she is a citizen of India being the permanent resident of the address furnished in the cause title of the writ petition. Thus, it is not her case that she is an Indian citizen, by birth, or otherwise but claims to be so on the basis of her claim of being the permanent resident of the particular locality.