IMPORTANT POINT
A review petition must show an error apparent on the record or new evidence; the burden of proof for citizenship lies with the petitioner under the Foreigners Act.

JUDGMENT :

(NELSON SAILO, J)

This is an application filed by the review petitioner (petitioner) under Chapter-X of the Gauhati High Court Rules read with Order 47, Rule 1 and 2 of the Civil Procedure Code, 1908 (CPC) seeking review of the Order dated 24.01.2018 passed by this Court in WP(C) No. 7412/2016.

[2.] The petitioner aggrieved with the Order dated 20.06.2016 passed by the Foreigners Tribunal No.8th, Barpeta in FT Case No. 159/2015 (Union of India Vs. Kahinur Nessa @ Kahinur Begum) declaring her to be a foreigner within the meaning of Section 2(a) of the Foreigners Act, 1946, filed WP(C) No. 7412/2016 before this Court. This Court, after hearing the parties and perusing the records, dismissed the writ petition vide Order dated 24.01.2018. The petitioner thereafter on 25.01.2022, after a period of four (4) years, filed the instant review petition.

[3.] According to the petitioner, review of the Order dated 24.01.2018 is being sought because the writ petition was decided without considering some vital facts which ought to have been considered by this Court and moreover, some new and important discoveries have happened, which needs adjudication.

[4.] The petitioner also contends that she was suffering from various ailments because of her old age in addition to Covid-19 and her poor financial condition and therefore, there is delay in filing the review petition. As such, she prays the delay be condoned.

[5.] The petitioner contends that she was born and brought up at village Kokila Moulovi Para of erstwhile Goalpara district. Her father’s name is Abdul Kudduch and her mother’s name is Nur Khatun. The name of the grandfather is Akalat Miya. The name of the father and mother of the petitioner was included in the voter list of 1966, 1970, 1985, 1997 and 2010 for the erstwhile Abhayapuri, North LAC because of bifurcation.

[6.] In the Electoral Roll of 1966, the name of the father of the petitioner was included as Kuduj and her grandfather’s name as Akash Miya against House No.11, in the said list. In 1970 his name was included as Kudduj Khatun against House No.11 and grandfather’s name as Akkash Miah. In the year 1985, her father’s name was included as Kuddush Miah and grandfather’s name as Akalu against house No.60. In 1997, her father’s name was included as Kuddush Miah, but her grandfather’s name was included as Akalu Miah against house No.78 in the said voter list. Then a prayer for correction of his name including his father was made only in 2010 and their names were then included properly. As for the name of the mother of the petitioner, there was no mistake.

[7.] The name of the petitioner’s father has been recorded in the Jamabandi of village-Chakla part-1, Mouza - Srijangram, as per the order of the Circle Officer dated 21.04.2021 alongwith the petitioner and her brothers and sisters establishing linkage with her father whose name appeared in the voter list of the year 1966.

[8.] That after attaining majority, the marriage of the petitioner was solemnized with one Osman Goni of village Gugubari of Sorbhog, Barpeta in the year 1993. Thereafter, the petitioner by virtue of her marriage migrated to the aforesaid place which falls under 44 Jonai LAC. After such migration, the name of the petitioner was included in the Electoral Roll in the year 2005 and 2010 prepared for the 44-Jonia LAC.

[9.] While the petitioner was leading a happy married life, suddenly a reference was made by the Superintendent of Police (B), Barpeta on 02.01.2003 against her under the Illegal Migrants (Determination by Tribunals) Act,1983 (IMDT Act). The Act was however declared to be unconstitutional by the Apex Court in Sarbananda Sonowal Vs. Union of India, reported in (2005) 5 SCC 665. The pending reference was thereafter transferred to the Foreigners Tribunal No.8th to be decided as per the provisions of the Foreigners Act, 1946 read with the Foreigners (Tribunal) Order, 1964. The case of the petitioner was registered as FT Case No.159/2015 and subsequentl