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2019 Supreme(Gau) 181

ACHINTYA MALLA BUJOR BARUA, AJIT BORTHAKUR
MUSST. HAZARA KHATOON W/O. MD. ABDUL HUDA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. A.M. ALAMAN

JUDGMENT :

A.M. Bujor Barua, J

Heard Mr. A.S. Tapader, learned counsel for the petitioner. Also heard Mr. A Ali, learned counsel for the Election Commission of India, Mr. J. Payeng, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border areas, Ms. A. Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

2. The petitioner was initially referred to the IM(D)T of Sonitpur for an adjudication as to whether she is a foreigner, who had entered India subsequent to 25.03.1971 and accordingly IM(D)T Case No.TZ(B)/99/837/BNC was registered. Subsequently on the IM(D)T Act of 1983 being declared ultra-vires by the Supreme Court, the reference made against the petitioner was transferred to the Foreigners Tribunal No.5, Tezpur at Biswanath Chariali and was renumbered as FT Case No.51/2015.

3. Before the Tribunal, the petitioner submitted her written statement and a stand was taken that her father is Md. Abdul Sobhan, son of late Asmat who had been a resident of village Gaibandha under Biswanath mouza, Sootia police station in the erstwhile Darrang district. It w

























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