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ACHINTYA MALLA BUJOR BARUA, ROBIN PHUKAN
Abeda Bibi W/o Abed Ali – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
AM Bujor Barua, J.
Heard Mr. A.T. Sarkar, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel for the respondent No.1 being the Union of India, Mr. G. Sarma, learned Counsel appearing for the Home Department of Government Assam for the respondent No.2 & 4 and Ms. U. Das, learned Advocate for the respondent No.3 being the Deputy Commissioner, Dhubri.
2. The petitioner, namely, Abeda Bibi has been referred to the Foreigners’ Tribunal, 10th Dhubri for rendering an opinion as to whether she is a person who had entered the State of Assam from the specified territory on or after 25.03.1971, resulting in registration of F.T. Case No.FT(10)/AGM/241/2016. The Tribunal rendered an opinion dated 30.06.2017 declaring the petitioner to be an illegal migrant. Being aggrieved this Writ Petition is instituted.
3. In the Writ Petition, the petitioner relies upon the Voters List of 1954 of Taluk Ghutarkuti, Police Station Tufanganj, J.L./Thak No.1081 in the Cooch Behar District of West Bengal, which contains the name of Anamod Miah son of Hujur Mamud who is claimed to be the father of the petitioner. To substantiate that Anamod Miah is the father of the petitioner, the
The main legal point established is the requirement for link documents and the verification of contents in certificates to prove Indian citizenship under the Foreigners' Act, 1946.
The burden of proof for citizenship lies with the individual, requiring reliable evidence and clear documentation to establish claims.
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