RAHIMA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S Islam, learned counsel for the petitioner. Also heard Mr. A Ali, learned counsel for the Election Commission of India, Mr. UK Nair, learned senior counsel for the State of Assam appearing for the Foreigners Tribunal and Border matters, Ms. A Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

(2.) The petitioner was referred to the Foreigners Tribunal Bongaigaon No.2 at Abhyapuri for an information as to whether she is a foreigner and consequent thereof Case No.BNGN/FT/CaseNo.2053/2007 was registered. Before the Tribunal, the petitioner filed her written statement taking a stand that her father's name finds place in the voters list of 1966 bearing Sl.No.77, House No.10, Polling Station Part Serial No.157 at Village Topkachar of the erstwhile Goalpara district which is presently Bongaigaon district wherein the name of the father so claimed was stated to be Mozibar Rahman, S/o. Somejuddin. It is also stated that in order to establish a link with Mozibar Rahman, the petitioner obtained a certificate from the Secretary of Kacharipoty Gaon Panchayat certifying that she is the daughter of Mozibar Rahman. It is stated in the written statement that the father of the petitioner also obtained a periodic khiraj patta from the Government of Assam with regard to patta No.250, Dag No.434 under Srijangram Revenue Circle at village Topkarchar in Bongaigaon district in respect of 2 kathas 8 lechas of land, which is also relied as the linkage document with Mozibar Rahman.

(3.) In course of the proceeding before the Tribunal, the petitioner exhibited a voters list of 1966 in respect of village No.341 Topgaon Part I under Srijangram Revenue Circle, Goalpara Sub-Division of Goalpara district which shows one Mozibar Rahman, son of Somejuddin of 30 years at Sl.77 and Swarap Jan Nessa wife of Mozibar Rahman aged 25 years at Sl.78.