SUFIA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mrs. H. Ahmed, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned CGC for respondent No.1, Mr. U.K. Nair, Senior counsel, assisted by A. Kalita, SC for the respondents No.2, 4 and 6, Ms. A. Borgohain, learned SC for respondent No.3 and Ms. A. Verma, SC for respondent No.5.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the opinion dated 10.04.2019, passed by the learned Foreigners Tribunal- 5th, Barpeta in Case No. FT (5th) 768/2016, corresponding to IMDT Case No. 5388/B/98, thereby declaring Sufia Khatun, the petitioner, to be a foreigner entering into Assam after 25.03.1971.

(3.) The learned counsel for the petitioner has referred to the written statement of the petitioner. It is submitted that the petitioner has projected that her father is Nayeb Ali and her mother is Saheran Nessa, whose names appear in the voters list of 1966 of VillageMalipara, Mouza- Chenga, PS- Tarabari of the then Kamrup District. She has stated that the name of her parents appears in the voters list of 1970 of Village- Baisha, Mouza- Sarukhetri, PS- Barpeta of the then Kamrup District, but the name of her mother wrongly appears as Sayeran Nessa instead of Saheran Nessa and that her father's age is wrongly mentioned as 60 years instead of 54 years and that her mother's age is wrongly mentioned as 50 years instead of 41 years. The petitioner has projected that her mother's name appears in the voters list of 1997 of Village- Baisha, but her age is wrongly mentioned as 24 years instead of 88 years. The petitioner has projected that she was born and brought up at Village- Baisha, Mouza- Sarukhetri, PO- Bagodi, PS- Sarthebari, Dist. Barpeta. The petitioner has projected that she is married to Nasrul Hoque and that she is now residing at Village- Balikuri, MouzaJania, PS- Kalgachia, Dist. Barpeta. it has been submitted that the name of the petitioners appeared in the voters list of 1989 of 44 No. Jania LAC in respect of Village- Balikuri, but her husband's name is wrongly mentioned as Nazrul Hoque instead of Nasrul Hoque. The petitioner has also projected that the name of her brother appears in voters list of 2010 of Village- Baisha.