GUWAHATI, India, Oct. 25 -- Gauhati High Court issued the following order on Sept. 25:

1. Heard Shri M.U. Mahmud, learned counsel for the petitioner and Shri G. Sarma, learned Standing Counsel, FT & NRC. Also heard Shri H.K. Hazarika, learned State Counsel, Assam; Ms. M. Das, learned counsel appearing on instructions of Shri SK Medhi, learned CGC and Shri H. Kuli, learned counsel appearing on behalf of Shri A I Ali, learned Standing Counsel, ECI.

2. The writ petitioner has preferred the present petition under Article 226 of the Constitution of India assailing the opinion dated 13.06.2018, rendered by the Foreigners Tribunal, Dhubri, Assam in FT case no. 2020/D/2010 (corresponding to Reference Case no. IM (D) T/R/458/1998.

3. Notice was issued on the writ petition on 26.07.2018 and the petitioner was given an interim relief not to be arrested or deported until further orders of the Court. The Trial Court records, as requisitioned by the said order, have also been received and the respondent no. 6 has also filed affidavit-in-opposition to the writ petition.

Facts of the case:

4. The brief facts of the case are that pursuant to a request from the Electoral Registration Officer, 23 Dhubri Assembly Constituency, a Local Verification Officer of Dhubri had submitted a Report to the Electoral Registration Officer for 23 Dhubri Assembly Constituency with regard to the writ petitioner by describing her as Abiran Bibi of Adabari Pt-II, her husband as Samed Ali, and her place of birth as Adabari Pt-II. The local verification officer had noted that documents were not produced before him. Upon receipt of the said report, the Electoral Registration Officer expressed his doubt on the citizenship of the petitioner and forwarded the matter to the Superintendent of Police, Dhubri, who was the competent authority under the IM(D)T Act/Foreigners Act, 1946 for deciding the question as to whether the petitioner was a citizen of India or not. The Superintendent of Police, Dhubri had thereafter, forwarded a reference in the name of Abiran Bibi, wife of Samed Ali, aged about 24 years stating that the ground for having reasonable doubt that the person concerned is an illegal immigrant was because documents were not produced by the petitioner. Accordingly, reference Case No. IM(D)T/R/458/98 was forwarded. Later, the reference was transferred to the Foreigners' Tribunal No. 1, Dhubri, Assam for an opinion as per the provisions of the Foreigners Act, 1946.

5. On receipt of the notice from the Tribunal, the petitioner herein filed her written statement on 05.02.2018, and an additional written statement was filed on 07.04.2018. The petitioner filed her evidence on affidavit on 07.04.2018 along with her written statement and she was cross-examined on 07.05.2018. One Mojibor Rahman claiming to be the brother of the petitioner filed his evidence on affidavit on 17.05.2018 and he was cross-examined on 23.05.2018. It may be noted here that the prayer of the petitioner to file the additional written statement was allowed by the Tribunal by the petition made by her on the 7th day of April, 2018 itself. 10 (ten) documents were exhibited by the petitioner in support of her claim of being a citizen of India and to prove her linkage with her projected parents and family. Having considered the evidence adduced, the learned Tribunal by opinion rendered on 13.06.2018 declared the petitioner to be a foreigner of the post 1971 stream. This opinion is under challenge in this writ petition.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrLgRGhKGE34Qss%2BVQeVM7JMH5zbB%2FqkFDIde5YXmb%2FBs&caseno=WP(C)/4849/2018&cCode=1&cino=GAHC010153322018&state_code=6&appFlag=)

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