GUWAHATI, India, May 25 -- Gauhati High Court issued the following order on April 24:

1. Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC appearing for respondent No.1; Mr. J. Payeng, Advocate, standing counsel for FT and Border matters, representing respondent nos. 2, 3 and 5; Mr. A.I. Ali, Advocate, learned standing counsel for Election Commission of India, respondent no.6; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate representing respondent no.4.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Jahura Khatun, has challenged the opinion dated 12.07.2018, passed by the learned Member, Foreigners Tribunal No. 4th , Barpeta, Assam, in. F.T. Case No 135/2017, arising out of Ref. F.T. Case No. 1287(A) dated 09.07.98, thereby declaring her to be a foreigner, who had entered into Assam on or after 25.03.1971.

3. In her written statement the petitioner has stated that she is the wife of Shajahan Ali and is a bona fide citizen of India by birth and residing at Vill. Digir Pathar, Mouza- Mandia, P.S. Baghbar, District- Barpeta, Assam. The names of Tukku Miya @ Shiraj Uddin, her father and Moiran Nessa, her mother appeared in the voter list of 1966 and 1970 as voter of village- Dighir Pam, under 52 No. Baghbar LAC. Their names also appeared in the voter list of 1989 and 1997 from Village- Digirpam, under 45, No. Baghbar LAC, however, in the voter list of 1989, the name of her mother appeared as Mariam Khatun instead of Moiran Nessa. She had submitted certificates from the Gaonburah of her father's side and husband's side to show her linkage. Accordingly, the petitioner had prayed that she may be declared as an Indian citizen.

4. In support of her defence, the petitioner had examined 3 (three) witnesses, including herself (DW-1); Rafiqul Islam, Gaonburah of Charge No. 12 of Village- Digir Pam (DW-2); and Sukur Ali Ahmed, Gaonburah of Charge No.8 of Village No.2 Chasra and Digir Pathar (DW-3). The petitioner had reiterated the statements made in her written statement and had exhibited the following documents:-

a. Certified copy of voters list of 1966 containing the names of Tukku Miya and Moiran Nessa (Ext.A);

b. Certified copy of voters list of 1970 containing the names of Tukku Miya and Moiran Nessa (Ext.B);

c. Certified copy of voters list of 1989 containing the names of Tukku Miya and Moriom Nessa (Ext.C);

d. Certified copy of voters list of 1997 containing the names of Tukku Miya and Moiran Nessa (Ext.D),

e. Certificate dated 16.01.2016, issued by Rafiqul Islam, Gaonburah of Charge No.12, Village- Digirpam, stating that Jahura Khatun, daughter of Late Tukku Miya (Siraj), village- Digirpam, is residing under his Charge No.12. It contains a foot note that the above noted lady is married with Shajahan Ali, son of Late Raham Ali of village- Digir Pathar (Ext.E); and

f. Certificate dated 14.01.2016, issued by Sukur Ali Ahmed, Gaonburah of Charge No.8, Village- 2 No. Chasra and Digir Pathar, stating that Jahura Khatun, daughter of wife of Shajahan Ali of village- Digir Pathar, P.O. Nirala, MouzaMandia, District- Barpeta, is residing under his Charge No.8 of vill. Digir Pathar (Ext.F)

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62Wi3Fv1clps%2FSSxW58SUcgu15kSoY%2Fn2P9JyNWIkRqsGs&caseno=WP(C)/2641/2019&cCode=1&cino=GAHC010063852019&state_code=6&appFlag=)

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