LAWS(GAU)-2019-4-120

NAYANTARA BISWAS Vs. UNION OF INDIA

Decided On April 03, 2019
Nayantara Biswas Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. A. Paul, learned counsel for the petitioner as well as Mr. A. Kalita, learned counsel representing respondent nos. 2 to 5 and 7. Also heard Ms. U. Das, learned counsel representing respondent no.6.

(2.) Petitioner assails orderopinion dated 19072017 passed by the Foreigners Tribunal (2nd), Morigaon, Assam in Case No. F.T. (C) 15412012, declaring the petitioner to be a foreigner, who illegally entered into India (Assam) after 25031971.

(3.) On a reference made by the Superintendent of Police (Border), Morigaon vide Reference No. I.M.(D).T. Case No. 2662003 dated 31032003, the Tribunal issued notice and on receipt thereof, the petitioner, Smti. Nayantara Biswas, wife of Mangal Biswas of village Banmuri Bill, Police Station Laharighat, District Morigaon duly entered appearance and contested the case by filing written statement and her evidence on affidavit along with a number of documents. The petitioner claimed that she was born at village Garakhiya Dhap, Police Station Mayong, District Morigaon and she was married to one Mangal Biswas of village Banmuri Bill, Police Station Bhuragaon, District Morigaon on attaining maturity. In order to prove her citizenship, the petitioner submitted 5 (five) numbers of documents viz. Ext.A : certified copy of voter list of 2005; Ext.B: certified copy of voter list of 1977; Ext.C: certified copy of voter list of 1966; Ext. D and Ext. E: certificates issued by the President and Secretary of Burgaon Gaon Panchayat respectively and Ext.F: an acknowledgement receipt of NRC Form in the name of the petitioner.