LAWS(GAU)-2019-9-20

MUSSTT KHADEJA BEGUM Vs. UNION OF INDIA

Decided On September 10, 2019
Musstt Khadeja Begum Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. U. Dutta, the learned counsel for the petitioner as well as Ms. G. Hazarika, learned counsel for respondent No.1 and Mr. U.K. Nair, learned Standing counsel, Foreigners Tribunal for the respondents no.2 to 7.

(2.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the impugned order dated 20.09.2017 passed by the learned Member, Foreigners Tribunal No.5th, Goalpara, Assam in F.T. Case No. F.T/5/141/ MA/16 whereby the petitioner was declared a foreigner who illegally entered into India on or after 25.03.1971.

(3.) The learned counsel for the petitioner has referred to the written statement filed by the petitioner and it is submitted that the petitioner was born and brought up in Village- Bhatnapaitir Char (Narener Char), P.S. Baghbar, Dist. Barpeta. The petitioner has projected that Rusul Uddin and Sukhjan Nessa are her parents, whose names appeared in the voters list of 1966, 1970, 1997, and 2005. It is claimed that in the voters list, the names of the petitioner appeared differently. In the voters list of the year 1966 it appeared as Rusul Uddin, father- Mobarak and Sukhjan Nessa, husband- Rusul, in respect of villageBhatnapaitir Char. In voters list of 1970, their names appeared as Rusul Uddin, fatherMobarak and Sukhjan Nessa, husband- Rusul in respect of Village- Bhatnapaitir Char. In voters list of 1997, their names appeared as Rosul Uddin, father- Mobarak Ali Munchi and Sukhjan Nessa, husband- Rosul Uddin in respect of Village- 138 Pakhiura. In voters list of 2005, their names appeared as Rosul Uddin, father- Mobarak Ali and Sukhjan Nessa, husband- Rosul Uddin in respect of Village- 138 Pakhiura. The petitioner had stated that her parents had shifted their residence from Village- Bhatnapaitir Char to Village- 138 Pakhiura. The petitioner also projects that she was married to Abu Taher of Village- Uzirar Char, P.S. Alopati Char, Dist. Barpeta, Assam and she had shifted to her matrimonial home. Thereafter, her husband had shifted to Village- Bakaitari Pt.III, P.S. Matia, Dist. Goalpara and that the name of the petitioner had appeared in the voters list of 2016 along with her husband. The learned counsel for the petitioner has submitted that the learned Tribunal had failed to consider the oral and documentary evidence on record and had whimsically passed the impugned opinion by taking a hyper- technical view by taking into account minor discrepancy in the names and age of persons recorded in the voters list. It is submitted that for no apparent reason, the evidence tendered by the father of the petitioner as DW-2 was ignored. Accordingly, the learned counsel for the petitioner had prayed for dismissing the impugned order as she had never entered India illegally and that the proceeding has been brought falsely against her.