NOOR JAHAN KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.H. Alamgir, the learned counsel for the petitioner as well as Ms. G. Hazarika, learned counsel for respondent no.1 and Mr. A. Kalita, learned Standing counsel, Foreigners Tribunal for the respondents no.2 to 5.

(2.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the opinion dated 31.05.2017 passed by the learned Member, Foreigners Tribunal No. 7th, Nagaon at Lanka in F.T. Case No. 337/2016 arising out of I.M. (D)T. Case No.117/2002, whereby the petitioner was declared as a foreigner who had entered India after 25.03.1971.

(3.) Referring to the written statement and evidence- on- affidavit filed by the petitioner, the learned counsel for the petitioner has submitted that the petitioner was born and brought up in Village- Pachim Dablong, P.S. Lanka. The petitioner has projected that Boshir Uddin and Juleka Bibi are her parents and that her father's name appeared in the Voters list of 1966 and 1970. She also projects that her name had been enrolled in the voters list of 1996 and 2011. In order to establish the link of the petitioner with her parents, the learned counsel for the petitioner has referred to the Marriage Certificate issued by the Secretary of Laskar Pathar G.P., which was countersigned by the BDO, Dalpukhuri. It is submitted that the learned Tribunal had failed to consider the documentary evidence available on record and that the marriage certificate (Ext.5), Gaonbura's Certificate (Ext.6) and jamabandi (Ext.9) were wrongly discarded and, as such, by not considering the evidence available on record, the petitioner has been declared as a foreigner. Hence, it is submitted that the impugned opinion be set aside and quashed and that the petitioner be declared as an Indian citizen.