GUWAHATI, India, Aug. 13 -- Gauhati High Court issued the following order on July 14:

1) Heard Mr. B.K. Sen, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC for the respondent no.1; Mr. G. Sarma, standing counsel for FT matters, representing respondent nos. 2, 4 and 6; Ms. P. Barua, learned standing counsel for the respondent no. 3; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate for respondent no. 5.

2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the opinion dated 28.09.2022, passed by the learned Member, Foreigners Tribunal No. 8th, Barpeta in F.T. Case No. 287/15 [IM(D)T Case No. 1726/02], thereby holding the petitioner, namely, Morjina Begum @ Marjina Khatun as a foreigner of post 25.03.1971 stream.

3) It may be mentioned that in the proceeding before the learned Foreigners Tribunal, the name of the petitioner was spelt as Marjina Begum, but she has entered appearance and contested the proceeding by her name spelt as Morjina Begum @ Marjina Khatun.

4) In her written statement, the petitioner had stated that a false case was made against the petitioner. She had stated that Abdul Goni, son of Moneruddin and Moziron Nessa were her grandparents. Her father had two wives and that Abdul Jalil, Falani Nessa and Laili Khatun were her parents, and her mother, Falani Nessa died in the year 1989. She had disclosed the names of her 13 (thirteen) brothers and sisters and stated that with Falani Nessa having 5 sons and 3 daughters and Laili Khatun having 3 sons and 3 daughters.

5) The petitioner had stated that

(i) the name of her father appeared in NRC details of 1951 at Sarbhog Town, Mouza- Titapani, DistrictBarpeta, vide Legacy Data Code 120-0001-5645;

(ii) the name of her grandparents appeared in the voter list of 1966 at Village- (380) Chakla Part-II, P.S. Abhayapuri in the District of Goalpara;

(iii) her father's name appeared in the voter list of 1966 at Village- Balapathar, Mouza- Titapani, District- Kamrup (now Barpeta);

(iv) the name of her parents appeared in the voter list of 1970 at Village- (380) Chakla Part-II, P.S. Abhayapuri in the District of Goalpara (now Bongaigaon);

(v) the name of her father appeared with her grandparents in the voter list of 1989 at Village- (94) Chakla Part-II, P.S. Abhayapuri in the District of Goalpara (now Bongaigaon);

(vi) the name of her father and step-mother Laili Khatun appeared in the voter list of 1997 at Village- (94) Chakla Part-II, P.S. Abhayapuri in the District of Bongaigaon. It was stated that she was born in the year 1986 and brought-up in Village Chakla Part-II and that she had studied in Pub-Nowagaon Primary School and left the school after passing Class-IV in the year 1997 and as per her school register, her age was 11 years as on 01.01.1996.

6) The petitioner had further stated that she was married to Abdul Mannan, son of Miyaullah of Village- Dharmapur in the year 2000, when she attained puberty. The Secretary, Namberpara Chakla Gaon Panchayat had issued a certificate dated 06.04.2018, stating that Morjina Begum is the daughter of Late Abdul Jalil of Village- Chakla Part-II, P.S. Abhayapuri in the District of Bongaigaon. The petitioner has also stated that she has three daughters and one son.

7) It may be stated that the petitioner has stated about the discrepancy of age of her grandparents and parents in some of the voter lists and regarding the discrepancy in the spelling of the name of her step-mother, and in her own spelling in her daughter's birth certificate.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqKnJTUJfaxGZ4F%2Fh0yfj8d5JfJNTqsyCIQfWw8MUejUB&caseno=WP(C)/4529/2024&cCode=1&cino=GAHC010175172024&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.