JUDGMENT :

UJJAL BHUYAN, J.

1. Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. A. Ali, learned counsel for the petitioner and Mr. A. Kalita, learned special counsel, Foreigners Tribunal (‘FT’).

2. By filing this petition under article 226 of the Constitution of India, petitioner seeks quashing of order dated 13.1.2016, passed by the Foreigners Tribunal, Barpeta 11th at Sorbhog in FT Case No. 88/2015 (Union of India v. Isiran Nessa), declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.3.1971.

3. This court by order dated 22.4.2016 had issued notice while requisitioning the case record and passed an interim order to the effect that petitioner should be allowed to remain on bail subject to her appearance before the Superintendent of Police (Border), Barpeta and furnishing of adequate surety.

4. One Samad Hussain, APS, Addl. Superintendent of Police (Border), Barpeta has filed an affidavit on behalf of the Superintendent of Police (Border), Barpeta supporting the impugned order passed by the Tribunal.

5. Submissions made by learned counsel for the parties have been considered. Also perused the materials on record, including the record requisitioned from the Tribunal.

6. Record discloses that Election Commission of India had ordered intensive revision of electoral rolls for the Sorbhog Assembly Constituency in the State of Assam with reference to 1.1.1997 as the qualifying date. In this connection, a house-to-house enumeration was carried out during the period from 16.1.1997 to 15.4.1997. Though the name of the petitioner was included in the draft electoral roll published on 24.9.1997, Electoral Registration Officer for the said constituency expressed doubts about the citizenship of the said person and got the matter verified by an on the spot local verification. On consideration of the report of such verification, Electoral Registration Officer recorded reasonable doubt that the petitioner was not a citizen of India.

7. Thereafter on completion of the due formalities, Superintendent of Police (Border), Barpeta made the reference before the Illegal Migrants (Determination) Tribunal, Barpeta under the Illegal Migrants (Determination by Tribunals) Act, 1983 (TMDT Act’) suspecting the petitioner to be an illegal migrant. Be it stated that under section 3(1)(c) of the IMDT Act, an illegal migrant was defined as a foreigner who had unauthorizedly entered into India after 25.3.1971. The reference was registered as IMDT Case No. 2635/1997.

8. IMDT Act was declared unconstitutional by the Supreme Court in Sarbananda Sonowal v. Union of India, (2005) 5 SCC 665 with the further direction that references which were pending before the Tribunals constituted under the IMDT Act should be transferred to the Foreigners Tribunals constituted under the Foreigners Act, 1946 read with the Foreigners (Tribunals) Order, 1964. As a result, the related reference was transferred to the Foreigners Tribunal 2nd, Barpeta where, it was registered as FT (2nd) Case No. 957/11. However, after creation of additional Tribunals, the reference was assigned to the Foreigners Tribunal, Barpeta 11th at Sorbhog (Tribunal), where it was renumbered as FT Case No. 88/2015.

9. In her written statement filed before the Tribunal on 12.8.2011, petitioner stated that she was the daughter of Inser Ali, son of Jahur Ali. Father was a resident of Balarpet village within Abhayapuri Constituency and a citizen of India. After changing his residence, father became a resident of Bilmari village tinder Bijni Police Station. About 25 years ago, she had married Taleb Ali, son of Isar Ali of Nisuka village under Sorbhog Police Station.

10. This written statement of the petitioner was wholly inadequate to establish her identity as a citizen of India having regard to the mandate of section 9 of the Foreigners Act, 1946, as explained by the Supreme Court in paragraph 26 of Sarbananda Sonowal (supra). Petitioner did not mention