Ujjal Bhuyan, J.

Both the writ petitions being interrelated, those were heard together and are being disposed of by this common order.

2. Heard Mr. A.M. Barbhuiya, learned counsel for the petitioners in both the cases and Mr. D.K. Saikia, learned Additional Advocate General, Assam, for the respondents.

3. Musstt Aktara Khatun @ Aktara Begum @ Aftara Begum @ Aftatara Begum, is the petitioner in WP(C) No. 360 of 2017, whereas, Abdul Motin, Abdul Kadir and Musstt Sahara Khatun, her brothers and sister are writ petitioners in WP(C) No. 1610 of 2017.

4. In WP(C) No. 360 of 2017, Musstt Aktara Khatun @ Aktara Begum @ Aftara Begum @ Aftatara Begum has challenged the legality and validity of the order dated 31.10.2016, passed by the Foreigners' Tribunal, Nagaon Court No. 10 at Sankardev Nagar, Hojai (Tribunal) in FT (D) Case No. 82 of 2015, declaring her to be a foreigner, who had illegally entered into India (Assam) from the specified territory after 25.03.1971. While passing the order dated 31.10.2016, Tribunal directed the Superintendent of Police (Border), Hojai, to cause a fresh enquiry against the brothers and sisters of Musstt Aktara Khatun @ Aktara Begum @ Aftara Begum @ Aftatara Begum and, thereafter, to submit a fresh reference against the brothers and sisters, because if Musstt Aktara Khatun @ Aktara Begum @ Aftara Begum @ Aftatara Begum is a foreigner, her brothers and sister of the same father also cannot be citizens of India. It is against this part of the order dated 31.10.2016 that WP(C) No. 1610 of 2017 has been filed by the aforesaid 3 (three) petitioners, 2 (two) brothers and 1 (one) sister of Musstt Aktara Khatun @ Aktara Begum @ Aftara Begum @ Aftatara Begum.

5. This Court by order dated 24.01.2017, issued notice in WP(C) No. 360 of 2017 and passed an interim order to the effect that petitioner should not be taken into custody and deported from India subject to her appearance before the Superintendent of Police (Border), Hojai.

6. In WP(C) No. 1610 of 2017, notice was issued on 20.03.2017 and an interim order was passed to the effect that further steps pursuant to the direction of the Tribunal dated 31.10.2016, should not be taken by the Superintendent of Police (Border), Morigaon.

7. Reverting back to WP(C) No. 360 of 2017, it is seen that reference was made by the Superintendent of Police (B), Hojai, under the Foreigners' Act, 1946, with the allegation that petitioner was a foreigner, who had illegally entered into India (Assam) from the specified territory after 25.03.1971, on the basis of which, Case No. FT/H/4714/2012 was registered. After creation of additional Tribunals, the reference was re-registered as FT (D) Case No. 82 of 2015 and assigned to the Foreigners' Tribunal, Nagaon Court No. 10 at Sankardev Nagar, Hojai (Tribunal), for opinion.

8. Notice issued by the Tribunal was served upon the petitioner, where after she had entered appearance by filing her written statement, denying the allegation made that she was a foreigner by contending to be a citizen of India by birth. She also deposed as her witness and exhibited a total of 7 (seven) documents. After hearing the matter, Tribunal passed the order dated 31.10.2016, answering the reference in favour of the State in the above manner. Additionally, Tribunal directed the Superintendent of Police (B), Hojai, to cause a fresh enquiry against the surviving brothers and sisters of the petitioner and, thereafter, to make a fresh reference against them.

9. As noticed above, declaration of the petitioner as a foreigner of post 25.03.1971 stream led to filing of WP(C) No. 360 of 2017 and the direction issued to the Superintendent of Police (Border), Hojai, regarding the brothers and sisters of the petitioner led to filing of the second writ petition, i.e., WP(C) No. 1610 of 2017 by the brothers and sister.

10. Submissions made by learned counsel for the parties have been considered. Also perused the record.

WP(C) No. 360 of 2017

11. In her written statement, petit