JAHURA BIBI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. A. Matin and Mr. A. Ahmed, learned counsel for the petitioner, Mr. G. Hazarika, learned CGC appearing for respondent No.1 and Mr. J. Payeng, learned Govt. advocate representing respondents No.2 to 5.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the opinion dated 14.09.2016 passed by the learned Foreigners Tribunal- 6th, Dhubri at Bilasipara in F.T. Case No. 6th Dhubri- 267/2016 declaring her to be a foreigner entering into Assam after 25.03.1971.

(3.) The petitioner has projected one Alimuddin Sheikh as her father. In the written statement, she has relied on voters list of 1970 (Annexure-D), voters list of 1966 (Annexure-E), copy of extract of N.R.C. of 1951 (Annexure-F), and photocopy of image identity of NRC 1951 (Annexure-G). The said documents are also marked as Ext.D, Ext.E, Ext.F and Ext.G respectively. In her written statement, the petitioner has stated that her name had appeared in the voters list of 1997 (Annexure-A), 2010 (Annexure-B) as well as in her voter identity card (Annexure-C), which was marked in her evidence as Ext.A, Ext.B and Ext.C respectively. She had also claimed in the written statement that her father s name appeared as Alek Uddin in NRC 1951 in Village- Thakuaralga, PS. Bilasipara, Dist. Goalpara, Assam, as Alem Uddin Sk in voters list of 1966 as resident of Village- Mayerchar Part-II, PS Bilasipara, District. Dhubri, Assam, and as Alep Uddin in voters list of 1970. Accordingly, it was claimed that the petitioner is the daughter of Alem Uddin Sk @ Alek Uddin Sk @ Alep Uddin Sk and the petitioner has relied on Gaon Panchayat Certificate dated 20.01.2016 (Annexure-J) to establish her linkage with her father as well as with her husband, namely, Hashem Ali, son of Late Adamali @ Adam Ali of Village- Hakama Part-V, PS Bilasipara, DistrictDhubri, Assam. The petitioner had also relied on the affidavit sworn by one Miyachan Ali, wherein he claimed that he was the son of Alemuddin Sk and that Alem Uddin Sk @ Alek Uddin Sk @ Alep Uddin Sk were one and same person. The petitioner claimed that she lived in Village- Hakama Part-V and that she has another house at Village- Gopigaon Part-IV, where her name appeared in voter list as D voter on wrong enumeration which was not in her knowledge. A similar stand was taken by the petitioner in her evidence- on affidavit that was sworn and filed on 04.02.2016.