The burden of proof lies on the petitioner to establish citizenship, which must be supported by reliable evidence and proper documentation.

JUDGMENT :

Susmita Phukan Khaund, J.

Jamina Begum is the petitioner who has filed this petition under Article 226 of the Constitution of India challenging the impugned order/opinion dated 10.08.2018 passed by the learned Foreigners Tribunal, Bongaigaon No.2, Abhayapuri in connection with BNGN/FT/Case No. 958/2009 whereby the petitioner was declared to be a foreigner who entered into India from Bangladesh illegally subsequent to 25.03.1971.

2. Petitioner has claimed that she is an Indian citizen born in the year 1987 at village – Madulijhar in the district of Barpeta, Assam. Her marriage was solemnized with Md. Nurul Hoque of Jaraguri No.2 village in the neighbouring district of Bongaigaon in the year 2007. She is the mother of two daughters, who are 8(Eight) years and 4 (Four) years old respectively. It is further submitted that the petitioner’s father’s name has been recorded in the NRC of 1951 as

Tubibar Rahman,
S/O - Rejan Ali,
Legacy Data Code – 120-0021-7461,
Under Village – Madulijhar,
PS – Sorbhog,
Mouza – Rupshi,
House No – 252 (ka),
District – Barpeta,
(Annexure - III).

3. The petitioner has further submitted that her grandfather’s name has been recorded as

Rejan Ali Sheikh

S/O – Jahila Sheikh in the Voters List of 1966 vide
Sl. No. – 618,
House No. – 178,
Village – Madulijhar,
Subdivision – Barpeta,
District – then Kamrup,
PS – Sorbhog,
Under then 51 No - Jania LAC
(Annexure – IV).

4. The petitioner has submitted that her grandfather’s name Rejan Ali Sheikh @ Rejan Ali @ Rejamhas been recorded as Rejan Ali in the voters list of 1970 as

S/O - Jahul,
Sl. No.– 695.
Page No.# 4/12
House No. – 178,
Village – Madulijhar,
Subdivision – Barpeta,
Dist. – then Kamrup,
PS – Sorbhog under then 51 No.Jania LAC.
(Annexure – V).

5. It is further submitted by the petitioner that her father’s name Tubibar Rahman @ Tabir Ali @ Tabib Ali has been recorded as Tabir Ali in the voters list of 1993 as

Tabir Ali in the voters list of 1993 as
S/O – Rejam,
Sl. No. – 637,
House No. – 178
Village – Madulijhar,
Sub-division – Barepta,
Dist. – Barpeta,
PS – Sorbhog.
Under then 44 No.- Jania LAC

and, her mother’s name has also been recorded in the same voters list at Sl. No. 638 as

Monowara Begum,
W/O – Tabir Ali,
(Annexure – VI).

6. The petitioner has also annexed several other voters’ lists post 1993 but to establish a link between the petitioner and her father, the voters list at Annexure – III, V and VI are sufficient. The voters list wherein the petitioner’s name has appeared for the first time as an Indian citizen eligible to vote, could establish her lineage.

7. The petitioner tried to attribute sufficient reasons relating to discrepancies in the names of the petitioner’s parents reflected in several voters’ lists. The petitioner has also drawn the attention of this Court to the certificate issued by the Headmaster of Chakchaka Government Majalia Vidyalaya, Chakchaka Bazar, marked as Annexure – IX of the petition as well as to the certificate issued by the Secretary of Madulijhar Gaon Panchayat, marked as Annexure – X.

8. It is further submitted by the petitioner that she tried to get her name enlisted in the voters list prior to publication of the list in the year 2010 but her name was not included along with the name of her husband, but her name was included for the first time in the voters list of 2013 and thereafter, in the voters list of 2016 at her parental home at village – Madulijhar, under 44 No.Jania LAC. It is further submitted that a reference was made in connection with

Musstt.Jasmina Bibi,

D/O – Md. Nuruddin Seikh,

W/O – Md. Nurul Hoque of Balajani Sibir (Jaraguri No.2),

in the year 2004.

8.1. It is further submitted that after perusal of the reference sheet (report of the Inquiry Officer), the SI (B) submitted a report on 19.03.2004 and the Inspector of Police, Border Branch, Bongaigaon affixed his signature on the report on 13.05.2004. The Sub-Divisional Magistrate as well as the Deputy Superintendent of Police (HQ), Bongaigaon affixed their signatures on 17.08.2004 and the refe