ANOWARA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. D. Ghosh, learned counsel for the petitioner as well as Mr. A. Kalita, learned counsel representing the respondent nos. 2 and 5 to 8. Also heard Ms. B. Das, learned counsel representing respondent no.3. None appears for respondent no. 1 and Ms. U. Das, learned counsel representing respondent no.4.

(2.) The petitioner assails the order/opinion dated 18.03.2019 (incorrectly typed as 18.03.2018) passed by the Foreigners Tribunal No. 1st, Barpeta, Assam in F.T. Case No. 266/2016, whereby, the Tribunal held that the petitioner, Anowara Khatun, w/o Fazal Haque, Village - Bheragaon, Police Station - Bapeta, District - Barpeta, 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, having illegally entered into the territory of India from the specified territory on or after 25.03.1971 without any valid document.

(3.) The primary issue for determination is as to whether the petitioner, Anowara Khatun succeeded to establish her linkage with her projected father, Tanu Miya, whom the proceedee claimed to be an Indian citizen by virtue of his enrolment as a voter in the Electoral Rolls of 1966 (Ext.A) and of 1970 (Ext.B) and her projected mother, Hajeran Nessa, whom the proceedee claimed to be an Indian citizen by virtue of her enrolment as a voter in the Electoral Roll of 1970 (Ext.B).