The burden of proof for citizenship lies with the individual, and mere documentation is insufficient without proper admissibility and proof.

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 Tribunal in support of her case projected.

4. The Tribunal upon consideration of the written statement as well as the evidence adduced rejected the contention of the petitioner and rendered the opinion impugned in the present writ petition.

5. Pursuant to the notice being issued in the present matter, the Tribunal records were called for.

6. The learned counsel for the parties have been heard. Pleadings available on record have been carefully perused. The Tribunal records placed before the Court have also been perused.

7. In the Written Statement, the petitioner projected her case that she was born and brought up in the Village-Khoraghat and thereafter got married with Mehar Ali of Khoraghat under P.S.-Bagribari, Dist- Kokrajhar. In her written Statement, it is stated that about 20 years she had shifted to village- Falakata Pt-I under Bagribari P.S., District-Kokrajhar and her name was enlisted in the voter list of 2013 and she was issued a Voter Identity Card showing her to be a voter of Village-Falakar Pt-I, Under 26 Bilasipara LAC, Dist-Dhubri. The petitioner stated in the written statement that her name was recorded in the voter list of 1985 of House No. 52 of Village Khoraghat under 26 Bilasipara West LAC and in the votes list of 1997, 2011 and 2013 at Village-Falakata Pt-I under 26 Bilasipara West LAC, District-Dhubri. The petitioner projected one Tomezuddin Sk as her father and Late Hawai as her grandfather of Village- Khoraghat, P.S.-Bagribari. It is stated in the written statement that the petitioner’s late father named was recorded in the year 1977 at Village-Khoraghat under 26 Bilasipara LAC. The petitioner also produced a linkage certificate stated to have been issued by the Bagribari Revenue Circle Officer showing the name of the petitioner.

It is further stated that the petitioner’s father died prior to 1960 and thereafter she married another person and her stepfather thereafter was her caretaker and finally got her married with Meher Ali of Village Khoraghat. It is also stated that the Gaon Burah Falakata Pt-I also issued her a linkage certificate. The petitioner also presented her evidence-in-chief by way of an affidavit. In her evidence in chief, she stated that she was born and brought up at Village Khoraghat and thereafter was married to Meher Ali of Khoraghat under P.S.-Bagribari and she shifted to village Falakata Pt-I under Bagribari P.S., District-Kokrajhar about 20 years ago and her name was enlisted in the voters list of 2013. She reiterated her statements made in the affidavit and presented as many as filed five (5) documents as exhibits.

8. Ext-A is the Photocopy of the Voter ID card issued to her. Ext-B is the certified copy of the voter list of 2011 where it is stated that her name is listed as a voter at Sl. No. 381 showing her to be