GUWAHATI, India, Oct. 9 -- Gauhati High Court issued the following order on Sept. 9:
1. Heard Mr. S. Dey, learned counsel for the petitioner; Mr. B. Chakraborty, learned CGC appearing for respondent no.1; Mr. A. Kuli, learned counsel, appearing on behalf of Mr. A.I. Ali, learned standing counsel for respondent no.2; Mr. G. Sarma, learned standing counsel for respondent nos.3, 4 and 6 to 8; and Mr. H.K. Hazarika, learned Govt. Advocate for respondent no.5.
2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Musstt. Monuwara Begum, daughter of Late Abdul Noor, wife of Md. Moin Uddin, resident of village- Paschim Jamunagaon, under Murajhar P.S., Dist. Hojai, Assam, has challenged the opinion dated 20.05.2019, passed by the learned Member, Foreigners Tribunal, Nagaon No.7th , at Lanka, Hojai, in F.T./L/Case No. 1031/2016, declaring him to be a foreigner entering into Assam from the specified territory after 25.03.1971, without any valid documents.
3) The petitioner has projected in her written statement that Abdul Noor is her father and Fulema Begum is her mother; Late Aklu Mia is her grandfather and Aklima Bibi is her grandmother. It is projected that the names of her father, Abdul Noor and step-mother, Aftarun Nessa appeared in the voters list of 1966 and 1970 of Village-Saharan under the No. 93 Hojai LAC. It has also been projected that the name of the father and step-mother of the petitioner appeared in voters list of 1989, but their age was incorrectly mentioned as 40 and 37 years instead of 54 and 47 respectively and her mother's name wrongly appeared as Kulema Begum instead of Fulema Begum. She had cast her vote in her parental home in the year 1989. In the year 1992, she was married with Moin Uddin, son of Junab Ali of Village- Paschim Jamunagaon and after marriage, she had started to reside at her matrimonial home. The name of her father appeared in the voter list of 1997, and her mother's name appeared as Fulema Dey instead of Fulema Begum and her age was also wrongly recorded. Her father had landed property in village Saharan and he had expired in the year 2002 in village- Saharan.
4) In support of her defence, the petitioner had examined two witnesses, including herself as (DW-1) and one Amir Uddin Choudhury was examined as DW-2. In her evidence-on-affidavit, the petitioner (DW-1) had reiterated the statements made in her written statement. Further she had stated her father had a brother, Abdul Latif. She had exhibited the following documents, viz., voter list of 1966, containing the names of Abdul Noor, her projected father and Aftarun Nessa, her projected stepmother (Ext.1); voter list of 1970, containing the names of Abdul Noor, her projected father and Aftarun Nessa, her projected grandmother (Ext.2); although the petitioner had stated that the voter list of 1989 contained her name along with her projected father and projected mother and reiterated that the age of her projected father and mother was wrongly mentioned, but her evidence-on-affidavit does not contain marking of the said document as an exhibit. However, during her examination by the learned Tribunal, the petitioner had referred to the said voter list as (Ext.3). The petitioner had also exhibited the following documents, viz., voter list of 1997, containing the name of her projected father and mother (Ext.4); jamabandi copy of her father's land (Ext.5); certificate issued by Secretary, Joynagar Gaon Panchayat (Ext.6); certificate issued by Gaonburah of villageSaharan (Ext.7). She had also stated that at the time of transferring her name in the voter list at her matrimonial home, her name was marked with letter 'D' and therefore, she could not cast her vote. She claimed that her parents and grandparents were citizens of India had has no connection with Bangladesh.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WoagzsY5GIL8mJht28co1%2F0muc6AFDLaYav8ALz0wky%2F&caseno=WP(C)/4907/2019&cCode=1&cino=GAHC010162652019&state_code=6&appFlag=)
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