KHUDEJA BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. H. Ahmed, learned counsel for the petitioner as well as Mr. A. Kalita, learned counsel representing the respondent nos. 2, 3 and 6. Also heard Ms. B. Das, learned counsel representing respondent no. 4 and Ms. A. Verma, learned counsel representing respondent no. 5. None appears for respondent no. 1.

(2.) The petitioner assails the order/opinion dated 28.02.2019 passed by the Foreigners Tribunal, Baksa, Tamulpur in F.T. Case No. 2674/BAKSA/2016, whereby, the Tribunal held that the petitioner, Khudeja Begum, w/o Lt. Omar Ali, Village - No. 2 Dangargaon, Police Station - Tamulpur, District - Baksa, BTC, Assam as the proceedee, failed to discharge her burden of proof as mandated under Section 9 of the Foreigners Act, 1946 and accordingly, she was declared to be a foreigner of post 25.03.1971 stream, having illegally entered into the territory of India from the specified territory without any valid document.

(3.) The primary issue for determination is as to whether the petitioner, Khudeja Begum succeeded to establish her linkage with her projected father, Akshad Ali and projected mother, Manikjan Nessa. The Tribunal had, inter-alia, held that the petitioner as the proceedee, could not produce any Electoral Roll of any period prior to 1997 having her name as a voter till the age of 50 years, which she declared to be her age and thus, the petitioner had failed to prove her Indian nationality.