LAWS(GAU)-2019-11-74

KULSUM NESSA Vs. THE UNION OF INDIA

Decided On November 06, 2019
Kulsum Nessa Appellant
V/S
THE UNION OF INDIA Respondents

JUDGEMENT

(1.) 06.11.2019 (Manojit Bhuyan, J) Heard Mr. HRA Choudhury, learned Senior Counsel for the petitioner assisted by Mr. A. Kaddus, learned counsel as well as Ms. G. Hazarika, learned counsel representing respondent no.1. Mr. J. Payeng, learned counsel appears for respondent nos.2, 3 and 6 whereas Ms. B. Das, learned counsel appears for respondent no.4. Ms. A. Verma, learned counsel appears for respondent no.5.

(2.) Petitioner assails orderopinion dated 03.10.2018 passed by the Foreigners' Tribunal, Bongaigaon No.2, Abhayapuri in BNGNFTCase No.9172009, declaring her to be a foreigner, having illegally entered into India (Assam) from Bangladesh after 25.03.1971.

(3.) For the purpose of discharging burden as required under section 9 of the Foreigners Act, 1946 to prove that she is not a foreigner, the petitioner projected one Osimuddin Fakir as her grandfather and one Abdur Rahman as her father. In support of her case, as many as 9 (nine) documents were exhibited, particulars of which may be noticed as under