GUWAHATI, India, Nov. 30 -- Gauhati High Court issued the following order on Oct. 30:
1. Heard Md. S. Hoque, learned counsel for the petitioner. Also heard Ms. R. Devi, learned CGC, Ms. N. Kalita, learned counsel, appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI, Mr. H.K. Hazarika, learned Govt. Advocate for the State and Mr. G. Sarma, learned standing counsel for FT Matters, Border matters and NRC.
2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Sahera Khatun, has assailed the opinion dated 11.09.2019, passed by the learned Member, Foreigners Tribunal No.1st, Barpeta, in F.T. Case No. 76/2018, thereby declaring her to be a foreigner entering into Assam from the specified territory after 25.03.1971.
3) The proceeding against the petitioner was registered on a reference being made by the Superintendent of Police (Border), Barpeta before the erstwhile I.M.(D.)T. However, pursuant to the orders passed by the Supreme Court of India in the case of Sarbananda Sonowal v. Union of India, (2005) 5 SCC 665, the said proceeding was transferred to the jurisdictional Foreigners Tribunal.
4) Upon receipt of notice, the petitioner has entered appearance and has filed her written statement, wherein it has been projected that she is the daughter of Abdul Sheikh @ Abdul Miya and Rup Bhanu Bidhawa. She was born and brought-up in village- Shakhowajhar NC. On attaining marriageable age, she had married Tota Miya of village Pajarbhanga. Her father had six daughters, namely, Noytan Nessa, Mallika Begum, Nabiran Nessa, Tara Bhanu Bibi, Sahera Khatun (herself) and Samiran Nessa. Her grandfather is Monuruddin and grandmother is Maharjan Bewa. Though it has been pleaded that her grandparents had four children, but she has disclosed the names of five persons, namely, Abdul Sheikh (her father), Sukur Ali, Saheb Ali, Khatema Nessa and Tarifan Nessa.
5) It was stated that the name of her parents, grandmother, uncles, Sukur Ali, Saheb Ali and one aunt, Tarifan Nessa were recorded in the NRC of 1951 of village- Shakhowajhar. The name of her father is recorded in the land revenue Receipt No. 6728 dated 06.04.1960 as the pattadar. The name of her parents, grandmother, uncles, Sukur Ali, Saheb Ali and aunts, Filjan Nessa and Sazera Khatun are recorded in voter list of 1966 and 1970 of VillageShakhowarjhar NC under 52 No. Baghbar LAC. It has been stated that the first name of her mother was recorded therein as Rubban instead of Rup Bhanu.
6) It was also stated that due to river erosion, her parents with her sisters had shifted to and settled at Satrakanar (Gobindapur Reserve) under 52 No. Baghbar LAC, where he died before 1989 and for the same reason, his uncle, Sukur Ali shifted to Sutir Par. The name of his mother is recorded in the voter list of 1989 and in the voter list of 1997, her mother's age was wrongly recorded as 72 years instead of 58 years. Her mother had died 4 (four) years ago. The name of her uncle with aunt, cousin sister, Fuljan Nessa, cousin brother Fulchan Ali, cousin brother's wife, Hamela Khatun and cousin brother, Lalchan Miya has been recorded in the voter list of 2010 of village- Sutir Par. Her cousin brother has been issued Elector Photo Identity Card (EPIC for short). The name of the petitioner with her husband is recorded in the voter list of 1989, 1997 and 2010 of Village- Pajarbhanga, but in the voter list of 1989, her name has been recorded as Sahera Bhanu instead of Sahera Khatun. Her name has been parked 'D' in the voter list of 2011. The Gaonburah of Satrakanara village has issued a certificate and linked her with her father. Accordingly, the petitioner claims to be Indian citizen settled before 25.03.1971 and is not a foreigner.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xze5Xvik5AEPfof0EAN23Vb43ys0ANzQySx0iEpWRX%2B%2B&caseno=WP(C)/1267/2025&cCode=1&cino=GAHC010047402025&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
