IMPORTANT POINT
The judgment underscores the critical need for accurate identification and credible evidence in citizenship determinations under the Foreigners Act.

JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. J. Payeng, learned Standing Counsel for the Home Department, Assam for respondent Nos. 2 and 6. Also heard Mr. H. Kuli, learned counsel appearing on behalf of Mr. A.I. Ali, learned Standing Counsel, Election Commission of India for the respondent No. 3. Also heard Mr. P. Sharma, learned Additional Senior Government Advocate, Assam for respondent No. 5.

2. This writ petition has been filed by the petitioner, namely, Smt. Sati Baishya @ Sati Mitra @ Saraswati Baishya, impugning the judgment and opinion dated 05.09.2018, passed by the learned Foreigners Tribunal (7th), Sonitpur, Balipara, in Case No. FTDC. 665/2016, whereby the petitioner was declared as a foreigner, who had illegally entered into India (Assam) on or after 25.03.1971.

3. The facts relevant for consideration of the instant writ petition, in brief, are as follows:

i. On the basis of a communication received from the Electoral Registration Officer, 74 Rangapara Legislative Assembly Constituency, by the Superintendent of Police, Sonitpur, Tezpur, to the effect that the above-named petitioner could not produce any document regarding her citizenship during verification before the Local Verification Officer, wherein a request was made to refer the matter to the learned Foreigners Tribunal, Sonitpur, for deciding the question as to whether the proceedee, Smt. Saraswati Baishya, is a citizen of India or not, the Superintendent of Police, Tezpur, on 28.03.2007, made a reference to the learned Foreigners Tribunal, Sonitpur, for deciding the citizenship status of the petitioner, namely, Smt. Saraswati Baishya, under the Foreigners Act, 1946 and the rules made there under.

ii. It is pertinent to mention herein that the reference in the instant case was made in respect of one Saraswati Baishya, wife of Pratibal Baishya. The verification process was also conducted in respect of Smt. Saraswati Baishya, wife of Pratibal Baishya only, and there is no mention about the name of “Sati Mitra” or “Sati Baishya” during the verification process or at the time of making reference to the learned Tribunal.

iii. On receipt of the aforementioned reference from the Superintendent of Police, Sonitpur, Tezpur, the learned Foreigners Tribunal (7th), Sonitpur, Tezpur, registered the Case No. FTDC. 665/2016 and notice was issued to the proceedee.

iv. Accordingly, on 8th December 2017, the petitioner appeared before the learned Tribunal and filed her written statement, along with the copies of documents on which she intended to rely.

v. In her written statement, the petitioner had stated that she is the daughter of one Sailesh Mitra, who is the son of Shib Charan Mitra and who were the citizen of India by birth. It has also been stated in her written statement that late Sailesh Mitra, who has been projected as her father, permanently resided at Village 1 No. Batabari, Mouza-Chinakona under Kalaigaon Police Station in the district of Darrang, which now falls under BTAD. It was also stated in the written statement that said Sailesh Mitra, the projected father of the petitioner, was a citizen of India and his name figured in the voter lists of the year 1965 and 1970 at 70 No. Kalaigaon Legislative Assembly Constituency. She has also stated that the name of her elder brother, namely, Subodh Mitra, has also appeared in the voter list of 1989 at Kalaigaon Legislative Assembly Constituency in respect of Village 1 No. Batabari, Mouza-Chinakona under Kalaigaon Police Station. The name of her brother Subodh Mitra also appeared in the voter list of 1997 in the same constituency.

vi. She has also stated that in the instant case her name has been wrongly recorded as Saraswati Baishya and that her husband’s name has also been wrongly recorded as Pratibal Baishya instead of Pratibash Baishya. She further stated that her actual name is Sati Mitra, but after marriage she used to write surname of her husband after h