Point of Law : There is a presumption in law that it would be genuine but such presumption has not been disputed nor rebutted. Merely because it was not issued by the Board or Council or University, it does not lose its evidentiary value. It can corroborate other evidences.

JUDGEMENT :

N. Kotiswar Singh, J.

Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Central Government Counsel appearing for respondent No.1; Mr. G. Sarma, learned Standing Counsel, Foreigners Tribunal appearing for respondent Nos.2 & 6; Mr. A.I. Ali, learned Standing Counsel, ECI appearing for respondent No.3; Ms. L. Devi, learned Standing Counsel, NRC appearing for respondent No.4 and Ms. K. Phukan, learned Government Advocate, Assam appearing for respondent No.5.

2. In this petition, the petitioner has challenged the judgment and order dated 14.06.2018 passed by the learned Foreigners Tribunal-9th, Barpeta in F.T.9th(BPT) Case No.114/17 [S.P. Ref. IM(D)T Case No.2387/97] by which the learned Tribunal held the petitioner a foreigner of post 1971 stream.

3. Before the learned Tribunal, the petitioner had filed her written statement and also several documents which were exhibited as Exhibit-A, Exhibit-B, Exhibit-D, Exhibit-E, Exhibit-F, Exhibit-G, Exhibit-H, Exhibit-I, Exhibit-J and Exhibit-L respectively.

4. The case of the petitioner before the learned Tribunal and as also before this Court, in brief, is that she was born to one Late Suren Chanda @ Surendra Kumar Chanda @ Suren Kumar Chanda and Late Anjali Rani Chanda @ Anjali Chanda and she is the third child of her parents.

5. According to the petitioner, her father Late Suren Chanda @ Surendra Kumar Chanda @ Suren Kumar Chanda had come to India from East Bengal during the partition and stayed in Tripura and thereafter, came to Assam where he was residing till his death. According to the petitioner, she was born at Mangaldai Town Ward No.1 on 11.10.1962. It is also the case that the names of her parents were entered in the voters list of 1965 under Mangaldai town under Legislative Assembly Constituency No.72 Mangaldoi. The names of her parents also appeared in the voters list of 1971 in respect of Mangaldai Town and Legislative Assembly Constituency No.72 Mangaldai. It has been also stated that in the voters list of 1971, the name of her father appeared as Suren Chanda and the name of her mother appeared as Anjali Rani which also appeared in the NRC voters details of 1971. Petitioner also states that her father was serving as a Driver in Chikonmati Tea Estate.

6. Learned counsel for the petitioner submits that the petitioner filed certain documents in support of her claim that she is an Indian citizen, which are as follows,

i. Copy of the certificate dated 21.06.1956 issued by the Office of the Sub Divisional Officer, Mangaldai in which it was certified that Sri Surendra Kumar Chanda, S/o Late Tarak Chandra Chanda of Mangaldai Town is a bonafide refugee and known to the said Sub Divisional Officer and that he deserves all sorts of help from the Government. At the time of filing, the said certificate was compared with the original which was exhibited as Exhibit-A.

ii. The petitioner also filed certified copy of voters list of 1965 showing the names of her parents which was also compared with the original and was exhibited as Exhibit-B.

iii. The petitioner also filed NRC voters detail of 1971 of village-1 No. Ward Mangaldai Town under LAC : 72 No. Mangaldai, Image District : Darrang, Circle: Mangaldai, Mouza Chopai, Legacy Data Code: 320-2017-3614 in which her father’s name has been shown as Suren Chandra, son of Tarak.

iv. There is also one certificate issued by the Manager, Chikonmati T.E. dated 16.03.1951 certifying that Sri S.K. Chanda is a good driver. The said document was also compared with the original and exhibited as Exhibit-D.

v. Another document dated 28th July, 1973 issued by the Labour Inspector & Conciliation Officer, Mangaldai, was also filed in respect of Sri Suren Chanda, a workman employed relating to certain complaints of alleged non-payment of his due. The said document was also compared with the original and exhibited as Exhibit-E.

vi. The Petitioner also filed the Admit Card issued by the Headmaster, Govt. Town Girls H.E. Sch