HAZARA KHATOON Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. S. Tapader, learned counsel for the petitioner. Also heard Mr. A Ali, learned counsel for the Election Commission of India, Mr. J. Payeng, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border areas, Ms. A. Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

(2.) The petitioner was initially referred to the IM(D)T of Sonitpur for an adjudication as to whether she is a foreigner, who had entered India subsequent to 25.03.1971 and accordingly IM(D)T Case No.TZ(B)/99/837/BNC was registered. Subsequently on the IM(D)T Act of 1983 being declared ultravires by the Supreme Court, the reference made against the petitioner was transferred to the Foreigners Tribunal No.5, Tezpur at Biswanath Chariali and was renumbered as FT Case No.51/2015.

(3.) Before the Tribunal, the petitioner submitted her written statement and a stand was taken that her father is Md. Abdul Sobhan, son of late Asmat who had been a resident of village Gaibandha under Biswanath mouza, Sootia police station in the erstwhile Darrang district. It was stated that the name of her father Abdul Sobhan appears in the NRC of 1951 bearing Card No.1261 and that his name also appears in the voters list of 1966 bearing Sl No.2607, Part-99 of Siporia Sapori PGR under the No.79 Sootea Legislative Assembly of the erstwhile Darrang district. To substantiate the stand of the petitioner, the voters list of 1966 was exhibited. The voters list of 1966 as annexed to the writ petition shows that the said list is of Part-99 of Siporia Sapori PGR and Sl No.2607 pertains to Amul Suvan, son of Hazi Asmat, aged about 46 years of house No.968. A stand has been taken that the name of Amul Suvan is actually Abdul Sobhan and has been incorrectly spelled out in the voters list.