IMPORTANT POINT
The burden of proving citizenship lies with the individual, requiring credible documentary evidence to substantiate claims of nationality.

JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Ms. R. Choudhury, learned counsel for the petitioner. Also heard Mr. S. K. Mehdi, learned Central Government Counsel, appearing for Respondent No.1, Mr. J. Peyang, learned Standing Counsel, Home Department, Assam, appearing for Respondent No. 2 and 4, Mr. H. K. Hazarika, learned Government Advocate, Assam, for Respondent No. 3 as well as Mr. H. Kuli, learned Standing Counsel, Election Commission of India appearing for the Respondent No.5.

2. This writ petition has been filed by the petitioner, namely, Musstt. Hasina Khatun, impugning the order/opinion dated 20.08.2017, passed by learned Member, Foreigners Tribunal, Bongaigaon 2, Abhayapuri, in Case No. BNGN/FT/1476/07, whereby the petitioner has been declared as a foreigner under the Foreigners Act, 1946, who had illegally entered into India (Assam) on or after 25.03.1971.

3. Notice in this case was issued on 04.05.2017 and the original case record of Case No. BNGN/FT/1476/07 was called for from the learned Foreigners Tribunal, Bongaigaon No. 2 at Abhayapuri. The said record has been received by this Court by the order dated 04.05.2017, the petitioner was granted interim protection against arrest as well as against deportation from India.

4. The fact which transpires on perusal of the Case record of Case No. BNGN/FT/1476/07, relevant for consideration of the instant writ petition, in brief, are as follows.

i. Suspecting the petitioner, Musstt. Hasina Khatun, wife of Nur Ali, of Village-Kheluapara, under Jogighopa police station of Bongaigaon District, to be a foreigner, an inquiry was conducted and during which, prima facie, it was found that the petitioner, Musstt. Hasina Khatun, is a foreigner who entered into India from Bangladesh.

ii. On the basis of the inquiry report submitted by the Inquiry Officer, a reference under the provisions of Foreigners (Tribunal) Order, 1964 was made to the learned Foreigners’ Tribunal, Bongaigaon by the Superintendent of Police (Border) Bongaigaon for determining the nationality of above-named petitioner, as per the provisions of the Foreigners Act, 1946.

iii. On receipt of the reference by the Foreigners Tribunal, Bongaigaon, BNGN/FT/ Case No. 1476/07 was registered and notice was issued to the petitioner.

iv. The petitioner appeared before the Tribunal and filed her written statement along with the supporting documents.

5. On 06.08.2014 the learned Foreigners Tribunal, Bongaigaon finding that the name of the father of the petitioner/proceedee has not been mentioned in the reference or in the inquiry report submitted by the Superintendent of Police (B), Bongaigaon, directed the police to re-investigate the matter to ascertain the name of the father of the petitioner and to submit a report.

6. Accordingly, the matter was investigated and a report was furnished by one Shri Dalim Medhi, SI (B) Jogighopa Police Station, wherein it was mentioned that the name of the father of the petitioner is Kapasu Sheikh.

7. During inquiry before the learned Foreigners Tribunal, Bongaigaon the petitioner adduced the evidence of two witnesses in support of her claim of being an Indian national.

8. In her written statement, the petitioner, Hasina Khatun has stated that she is an Indian citizen having permanent residence in the Village-Kheluapara in Bongaigaon district.

9. She has stated that her father's name is Kapasu Sheikh and mother's name is Phool Bhanu Nessa and the name of both the parents of the petitioner were recorded in the voter list of 1966 of Village-Kheluapara Part 2 under 43 No. Bongaigaon Legislative Assembly Constituency the then Goalpara district, (now Bongaigaon District).

10. She has also stated in her written statement that name of her parents are also included in the voter list of 1970 in respect of Village-Kheluapara Part 2 under 43 No. Bongaigaon Legislative Assembly Constituency in erstwhile Goalpara district, (now Bongaigaon district). She has also stated in her written statement that she was married to on