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2020 Supreme(Gau) 44

MANOJIT BHUYAN, PARTHIVJYOTI SAIKIA
Amina Khatun @ Amena Khatun – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Mrb Kaushik, Advocate

JUDGMENT

1. Heard learned counsel, Mr. D. Deka, appearing for the petitioner. Also heard learnedcounsel, Mr. E. Kalita, learned Standing Counsel, Foreigners Tribunal and Ms. A. Verma, learned Standing Counsel, NRC.

2. Challenge in this writ petition is to the order dated 12.08.2016, passed by the learned Member, Foreigners Tribunal No. 2, Boko, Kamrup(R) in BFT Case No. 184/2016, declaring the petitioner to be a foreigner of post 1972 stream.

3. In this case the reference was made by the Superintendent of Police(Border), Kamrup, Guwahati. The learned tribunal issued notice to the petitioner and accordingly the petitioner Amina Khatun alias Amena Khatun appeared before the Tribunal and contested the proceeding by filing a written statement on 29.6.2016.

4. She thereafter submitted her evidence as well as the evidence of a person called Bhumidhar Pathak in order to prove that she is not a foreigner within the meaning of section 2(a) of the Foreigner Act, 1946. The petitioner exhibited 7 numbers of documents namely 1) Exhibit A is the NRC certificate of the year 1951 showing the name of her father as Sobahan Sheikh, 2) Exhibit B is the legacy data of the year 1970 showing the father of

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