SAKINA KHAN @ SAKINA BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M.U. Ahmed, the learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned CGC for respondent No.1, Mr. J. Payeng, learned standing counsel for respondents No.2, 5 & 6, Ms. B. Das, learned standing counsel for respondent No.3 and Ms. U. Das, learned standing counsel for respondent No.4.

(2.) By this writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the impugned opinion dated 13.06.2019 passed by the learned Member, Foreigners Tribunal No.1st, Barpeta in F.T. Case No.339/2016, thereby declaring the petitioner to be foreigner of post 25.03.1971, having illegally entered into India.

(3.) By referring to the written statement filed by the petitioner, the learned counsel for the petitioner has submitted that the petitioner was born and brought up in Village- Kumullipara, Mouza- Gilazari, P.S. and District- Barpeta and she has married Sahjibur Rahman @ Mozibur Rahman of Village- Rangapani, Mouza- Jamia, P.O. & Dist. Barpeta. The petitioner claims Ismail Sikdar as her father, Kumedjan Nessa as her mother, and Darbesh Ali as her brother, whose names appear in the voters list of 1966 and 1970 of villageKumullipara. The petitioner has projected that her parents had expired prior to year 1997. The petitioner claims that, therefore, the name of her brother- Habez Uddin and his wife Samatan Nessa appears in the voters list of 1997 of Village- Kumullipara. The petitioner had stated in her written statement that her name has appeared in the voters list of 1989 and 1994 at her marital home. It has been stated that against her name, mark "D" was written in the electoral roll of 1997. The learned counsel for the petitioner has submitted that the learned Tribunal had failed to appreciate the relevant documentary evidence which has been exhibited by the petitioner in proper perspective and were wrongly rejected due to existence of minor discrepancies for which the petitioner was not responsible. For the same reasons of existence of minor discrepancies, the evidence tendered by the petitioner's elder brother, namely, Habez Uddin (DW-2) and the Gaonburas (DW-3 & DW-4) were also discarded.