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2024 Supreme(Gau) 1539

KALYAN RAI SURANA, SOUMITRA SAIKIA
Idorjan Bibi @ Iyedijan Bibi W/o Meher Ali – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. M.U. Mondal, Advocate.
For the Respondents:Ms. A. Verma, SC, FT, Mr. H.K. Hazarika, Jr. Government Advocate, Assam, Mr. A.I. Ali, SC, ECI, Ms. B Sarma, CGC,

JUDGMENT :

[SOUMITRA SAIKIA, J.]

This writ petition is directed against the opinion dated 07.09.2016 passed by the Member, Foreigners’ Tribunal, 6th Dhubri at Bilasipara, district Dhubri. By the impugned opinion, the Foreigners’ Tribunal, 6th Dhubri answered the reference made before it in affirmative against the petitioner holding that the petitioner/proceedee is a foreigner who came to Assam on or after 25.03.1971.

In respect of the petitioner’s name appearing in the voters list, there was a mark “D” indicating that the petitioner could be a doubtful voter meaning thereby that there is a suspicion that the petitioner is not a genuine citizen of India.

2. The State pursuant to an enquiry made on information received that the petitioner is a suspected foreigner, made a reference before the Foreigners’ Tribunal for an opinion as to whether the petitioner is or is not a foreigner under the Foreigners Act, 1946.

3. Upon receipt of notice from the Tribunal, the petitioner appeared and duly contested the matter. She filed her written statements denying the allegations made in the reference. She submitted her evidence-in-affidavit as D.W.-1. She exhibited five (5) documents before the Tribuna

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