JAHANARA BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. Hussain, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned counsel for respondent No.1, Ms. A. Borgohain, learned counsel for respondent No.2, Ms. U. Das, learned counsel for respondent No.4 and Mr. A. Kalita, learned counsel for respondent No.4, 5 and 6.

(2.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the opinion dated 26.04.2019 passed by the learned Member, Foreigners Tribunal 4th, Nagaon at Juria in F.T. Case No. 23/2017 arising out of Police Reference 'B' Case No. 191/98.

(3.) The learned counsel for the petitioner has referred to the written statement filed by the petitioner and he has submitted that the petitioner was born in Village Kawaimari, Mouza and P.S. Juria, District Nagaon, Assam and that her projected father's name is Husen Ali and her projected mother's name is Jahuran Nessa. It is further submitted that the petitioner has married Shafiqul Islam, son of Late Samsuddin, resident of Village- Bagariguri, Mouza and P.S. Juria, District Nagaon, Assam. It is submitted that the name of the petitioner's father is enrolled in the voters list of 1965, 1970, 1997 and 2011 of Village- Kawaimari in respect of 87 No. Rupahi-Hat LAC. It is also submitted that there is landed property in the name of the father of the petitioner and grand-father. However, it appears that beyond pleadings made in the written statement, in the evidence- on- affidavit filed by the petitioner as OPW-1, it has been stated that Tahur Ali is the grand-father and Jamiran Nessa is the grand-mother of the petitioner, and that her father had six brothers including himself and three sisters, viz., (i), Hussen Ali (father), (ii) Abdul Hashim, (iii) Abdur Rahim, (iv) Surhab Ali, (v) Abdul Jabbar, (vi) Idris Ali, (vii) Mangal Jan, (viii) Maharjan, and (ix) Fuljan, and that the petitioner had also stated that she has two brothers and four sisters including herself, viz., (i) Rofique Ali, (ii) Rezak Ali, (iii) Jahanara Begum (petitioner), (iv) Mofida Khatun, (v) Muksida Khatun, and (vi) Khaleda Khatun. It was also stated that she has two sons and three daughters, namely, (i) Shahida Khatun, (ii) Aliza Khatun, (iii) Lailia Begum, (iv) Jahid Ali, and (v) Ahed Ali.