IMPORTANT POINT
The burden of proof for citizenship lies with the individual asserting it, particularly under the Foreigners' Act, and the petitioner failed to establish her claims adequately.

JUDGMENT :

M. Nandi, J.

Heard Md. A. Kuddus, learned counsel for the petitioner. Also heard Ms. K. Phukan, learned CGC; Mr. G. Sharma, learned Standing Counsel, FT Matters; Mr. M. Islam appearing on behalf of Mr. A.I. Ali, learned counsel for ECI and Mr. H.K. Hazarika, learned Government Advocate.

2. The petitioner has preferred this application under Article 226 of the Constitution of India challenging the opinion of the learned Member, Foreigners’ Tribunal No.2, Dhubri, Assam in F.T. Case No.1903/F/2017, arising out of Police Reference Case No.1154/98, wherein the petitioner was declared as a foreigner.

3. On receipt of the notice, the petitioner appeared before the Tribunal and filed her written statement wherein she stated that she was born at Village - Airanjongla Part III under Dhubri Revenue Circle where her father Sultan Ali @ Sultan Sk. @ Sultan Ahmed is a permanent resident. She got married to Md. Ajibar Rahman of Village – Bhagnir Kanda under Dhubri district.

4. The petitioner also stated in her written statement that she studied in the Char Airanjongla Abad Ali Mollah M.E Madrassa up to class VII in the year 1966 and as per admission register, her date of birth is 06.10.1982. It is also stated that the father of the petitioner was included in the NRC of 1951 along with her grandfather Md. Male Ahmed and grandmother Sowa Khatun and uncles and aunts under House No.1 at village Darogar Alga. The further case of the petitioner is that the name of her father appeared as voter in the Electoral Roll of 1966, 1970, 1989 and 1997 along with her uncles and aunts under the same 33 Dhubri LAC in the village Airanjongla. The name of her mother Rabiya Bibi was included in the year 2017.

5. The written statement of the petitioner also discloses that the father of the petitioner possessed landed property at Airanjongla Village and one periodic Khiraj Lease was issued in favour of her father. However, during verification of Electoral Roll in the Village - Bhagnir Kanda under Dhubri district, the present petitioner has been identified as doubtful voter.

6. During trial before the Tribunal, the petitioner examined three witnesses including herself. The Tribunal after hearing the parties and on the basis of the documents submitted by the petitioner has held that the petitioner is unable to establish her linkage with an Indian parent relatable to a period prior to 25.03.1971. Thus, the OP has failed to discharge her burden u/s 9 of the Foreigner’s Act, 1946 to prove that she was not a foreigner but a citizen of India. Hence, this writ petition for reviewing the order of the Tribunal.

7. The learned counsel for the petitioner has argued that the petitioner has studied in a school namely Char Airanjongla Abad Ali Mollah M.E Madrassa till class VII and the headmaster of the said school issued a certificate to that effect vide Ext. 3 which reflects that the petitioner was born on 06.10.1982.

8. It is further submitted that the petitioner got married to one Md. Ajibar Rahman of Village – Bhagnir Kanda in the year 1966 and since then, she has been living along with her husband in the said locality. To prove the marriage, the petitioner has submitted a Kabinnama vide Ext.1 & 2

9. According to the learned counsel for the petitioner, to prove her citizenship, the petitioner has also produced the linkage certificate i.e. the voter lists of her parents on different years vide Ext. 5 & 6 - voter lists of 1966 and 1970, Ext. 7 - voter list of 1989, Ext. 8 - voter list of 1997, Ext. 9 - voter list of 2017. In spite of such relevant documents, the petitioner was declared as foreigner of post 25.03.1971 which is palpably perverse and liable to be set aside.

10. Another point raised by learned counsel for the petitioner is that as per order of the Tribunal, further enquiry was made by the O/C Fakirganj Police Station on the issue of citizenship of the petitioner. It was reported by the Officer-in-Charge that after proper verification and the docum