ANOWARA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. D Ghosh, 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.) On being referred by the Superint-endent of Police, Borders, Barpeta District, the IM(D)T Case No.1909/C/98 was registered before the Illegal Migrants (Deter-mination by Tribunal) at Barpeta. Upon the Illegal Migrants (Determination by Tribunals) Act of 1983 being declared to be ultra vires by the Supreme Court, the reference made against the petitioner was transferred to the Foreigners Tribunal No.1st Barpeta and was renumbered as FT Case No.266/2016. In the written statement before the Tribunal, the petitioner took the stand that she is the daughter of Tanu Miya, son of Buku Miya, whose name appears at Sl.No.176 of the voters list of 1966 pertaining to village Bhera, Sub-Division: Barpeta of the erstwhile Kamrup district in respect of No.51 Jania Legislative Constitu-ency. Apart from the evidence of a person whom the petitioner claims to be her brother who was examined as DW-2, the petitioner also relies upon the certificate issued by the Secretary of No.77, Gajia Medhirtary Gaon Panchayat, Barpeta dated 28.06.2015, wherein it is stated that the petitioner is the daughter of Late Tanu Miya of village Bheragaon under the concerned Gaon Panchayat. The certificate also states that the petitioner was married on 11.10.1985 to Sri Fazal Haque, son of Late Darog Ali also of village Bheragaon. The author of the certificate being the Secretary of the Gaon Panchayat was examined as a DW and in his deposition he had stated that he was the Secretary of the No.77, Gajia Medhirtary Gaon Panchayat, Barpeta for the past four years. He also states that he had issued a linkage certificate to the petitioner and that the name of the father of the petitioner is Tanu Miya of village Bheragaon. The deposition also states that the husband of the petitioner is Sri Fazal Haque and that he had given a certificate certifying that the father of the petitioner is Tanu Miya and that her husband is Fazal Haque.

(3.) Mr. J Payeng, learned counsel for the State of Assam appearing for the Foreigners Tribunal and Border Areas has raised objection by contending that the evidences led by the Secretary of the concerned Gaon Panchayat does not disclose as to the source of the information from where the Secretary had stated that the father of the petitioner is Tanu Miya of village Bheragaon. In this respect, the learned counsel for the parties, relies upon the pronouncement of the Supreme Court rendered in Rupajan Begum Vs. Union of India and Ors. reported in (2018) 1 SCC 579.