GAUHATI HIGH COURT ISSUES ORDER ON LALBHANU V/S THE UNION OF INDIA AND 3 ORS

GUWAHATI, India, Dec. 17 -- Gauhati High Court issued the following order on Nov. 17:

1. Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. J. Sarma, learned CGC; Mr. J. Payeng, learned standing counsel for the FT, Border maters and NRC; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate.

2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Lalbhanu @ Lalbhanu Begum, has assailed the impugned opinion dated 16.06.2016, passed by the learned Member, Foreigners Tribunal No. 4, Kamrup (Rural), Hajo, in H.F.T. Case No. 353/2015 (New) [arising out of IM(D)T Enquiry No. 1855/2003], thereby answering the reference in favour of the State and against the petitioner by declaring her to be a foreigner.

3) From the nature of order that is proposed to be passed, there appears to be no need to refer to the submissions made by the learned counsel for the petitioner and the learned standing counsel for the FT, Border maters and NRC.

4) It would suffice to mention that upon receipt of notice of the proceeding, the petitioner had appeared before the learned Tribunal and she had submitted her written statement of defence on 08.02.2016. Along with her written statement, the petitioner had enclosed the following documents, viz., Gaonburah's certificate; certified copy of voter list of 1985, 1966 and 1970; her EPIC and an affidavit.

5) In support of her defence, the petitioner had examined herself as DW-1, wherein the contentions in her written statement were reiterated. Along with her evidence-on-affidavit filed on 08.02.2016, the petitioner had exhibited the following documents, viz., Gaonburah's certificate (Ext.A); certified copy of voter list of 1985 (Ext.B), EPIC (Ext.C); certified copy of voter list of 1966 (Ext.D); certified copy of voter list of 1970 (Ext.E); an affidavit (Ext.F), declaring that her name is Lalbhanu, but in the notice of FT Case No. 353/15, her name is wrongly entered as Lalbanu Begum. The evidence-on-affidavit by DW-1 was filed on 08.02.2016 and she was cross-examined on 27.04.2016. The Tribunal's record reveals that the said DW-1 has been re-examined on 26.05.2016.

6) The petitioner had also examined Sri Utpal Ramsiary as DW-2, who has stated in his evidence-on-affidavit filed on 04.04.2016, that he is the Gaonburah of village- Halangbari, Kathalmurighat and Sutpara. The records reveal that the cross-examination of DW-2 was recorded on 27.04.2016.The petitioner had also examined one Jamal Khan as DW-3, son of Late Belu Khan, resident of village- Khopanikuchi, whose evidence-on-affidavit has been filed before the learned Tribunal on 04.04.2016. The cross-examination of DW-3 has been recorded on 27.04.2016.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=7yg5D%2FmJmLJFbv9l4Wl3verob3rOCnHIWdaKr8xsFuBpOI1xm0%2B4B%2FX9wEGbeFIb&caseno=WP(C)/5229/2016&cCode=1&cino=GAHC010117542016&state_code=6&appFlag=)

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