IMPORTANT POINT
The court established that the burden of proof in citizenship cases lies with the petitioner, but the Tribunal must consider all relevant evidence presented.

JUDGMENT :

(K.R. Surana, J.) :

Heard Mr. Bipin Chandra Das, learned counsel for the petitioner. Also heard Mr. S.K. Medhi, learned CGC, Mr. A.I. Ali, learned Standing Counsel for the Election Commission of India and Mr. G. Sharma, learned Standing Counsel for Foreigners’ Tribunal matters.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely Musstt. Jamila Khatoon, has assailed the opinion dated 16.03.2000, passed by the learned Member, Foreigners Tribunal 2nd, Nagaon in F.T. Case No. 1865/2011 [corresponding to S.P. Ref. Case No. 1471/1998], by which she was declared to be foreigner of post 25.03.1971 stream.

3. In her written statement, the petitioner has projected Miya Box as her grandfather, Fajar Ali @ Fajar Ali Fakir as her father and Kadbhanu as her mother. It was stated that name of her father appears in the voter list of 1965 in 86 Dhing L.A.C., Village Amlakhi, Mouza- Batradaba and that the name of the petitioner’s father and mother appears in the voter list of 1970 of same village. She has stated that her own name appears in the voter list of 1989 of 82 Roha L.A.C., Village- Babara Ati as Jamila Khatoon, wife of Fakrul and that the name of her husband Fakrul, son of Rejak appears in the voter list of 1997 of 82, Roha L.A.C. The petitioner has also placed reliance on her PAN Card and Aadhaar Card.

4. The petitioner had submitted her evidence-on-affidavit and had disclosed that her father had two other brothers, and she had four brothers and including her, there were five sisters. She had exhibited the following documents:-

a. Certified copy of voter list of 1966 of 86 Dhing L.A.C., containing the name of her father as Fajar Ali Fakir, son of Miya Box and name of her mother as Kad Bhanu, wife of Fajar Ali in village- Amlakhi, Dist. Nagaon (Ext.1);

b. Certified copy of voter list of 1970 of 86, Dhing L.A.C., containing the name of her father as Fajar Ali Fakir, son of Miya Box and name of her mother as Kad Bhanu, wife of Fajar Ali of village- Amlakhi Dist. Nagaon (Ext.2);

c. Photocopy of voter list of 1985 of 82 Raha L.A.C., containing the name of her father as Fajar Ali, son of Miya Box, the name of her mother as Kad Bhanu, wife of Fajar Ali, and the name of one brother, namely, Abdul Halim, son of Fajar Ali of village- Charaijuria, Dist. Nagaon. It was stated that she had applied for certified copy but due to non-delivery, photocopy of said voter list was submitted;

d. Photocopy of voter list of 1989 of 82 Raha L.A.C., containing the name of her father as Fajar, son of Miya Box, and the name of her mother as Kad Bhanu, wife of Fajar of village- Charaijuria, Dist. Nagaon. It was stated that she had applied for certified copy but due to non-delivery, photocopy of said voter list was submitted;

e. Photocopy of voter list of 1997 of Raha L.A.C., containing the name of her brother Abdul Jalil, son of Fajar, and the name of her mother as Kad Bhanu, wife of Fajar of village- Charaijuria, Dist. Nagaon. She had stated that due to death of her father, his name did not appear in the voter list. It was also stated that she had applied for certified copy but due to non-delivery, photocopy of said voter list was submitted;

f. Photocopy of voter list of 2010 and 2017 of Raha L.A.C., containing the name of her brothers and other family members of village-Charaijuria, Dist. Nagaon.

g. Certified copy of voter list of 1989 of 82 Raha L.A.C., containing the name of the petitioner as Jamila Khatun as ‘D’ voter, wife of Fakrul of village- Babura Ati, Dist. Nagaon (Ext.3);

h. Govt. Gaonbura’s certificate dated 21.11.2018 of Babura Ati village regarding her marriage and address of her husband and father (Ext.4);

i. Govt. Gaonbura’s certificate dated 20.11.2018 of Amlakhi village regarding the address of her father (Ext.5);

j. Aadhaar Card (Ext.6);

k. PAN Card (Ext.7).

5. The petitioner had stated that the name of her father was written as Fajar Ali Sheikh in voter list of 1965 and 1970 and in her PAN card, i