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2017 Supreme(Gau) 283

UJJAL BHUYAN, PARAN KUMAR PHUKAN
MUSSTT. AYESHA KHATUN @ AISHA KHATUN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Mr. F.U. Borbhuiya, learned counsel for the petitioner, Ms. P. Baruah, learned Central Government Counsel and Mr. G. Pegu, learned Govt. Advocate, Assam.

ORDER :

Ujjal Bhuyan, J.

Heard Mr. F.U. Borbhuiya, learned counsel for the petitioner, Ms. P. Baruah, learned Central Government Counsel and Mr. G. Pegu, learned Govt. Advocate, Assam.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 15.03.2012 passed by the Foreigners Tribunal (1st), Morigaon in FT (D) Case No.799/2007 declaring the petitioner to be a foreigner who had illegally entered into India (Assam) after 25.03.1971.

3. FT(D) Case No.799/2007 was registered before the Foreigners Tribunal (1st), Morigaon (Tribunal) following a reference made by the State with the allegation that petitioner was a foreigner who had illegally entered into India (Assam) from the specified territory after 25.03.1971.

4. Notice issued by the Tribunal was served upon the petitioner where after she had entered appearance and filed written statement denying the allegation made against her by contending that she was a citizen of India by birth. Petitioner deposed as her own witness and exhibited a number of documents. On behalf of the State, Local Verification Officer had deposed as PW1 and proved the enquiry report submitted by him as Ext.1




















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