The court held that the burden of proof lies on the petitioner to establish citizenship through credible documentation under the Citizenship Act, which she failed to do.

JUDGMENT :

K.R. Surana, J.

Heard Mr. A.T. Sarkar, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the ECI; Mr. G. Sharma, learned standing counsel for the FT matters and NRC; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State respondent.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 08.03.20216, passed by the learned Member, Foreigner’s Tribunal, No.1, Goalpara in FT Case No.6449/G/2014, arising out of Reference No. 1365/98/D/GLP(B) and ERO Case No. 15-6/39, by which the petitioner was declared as an illegal migrant of post 25.03.1971 stream.

3. Assailing the opinion, the learned counsel for the petitioner has submitted that the learned Tribunal had failed to discuss the evidence of DW-2 and that none of the documents which were exhibited along with the evidence of the petitioner as DW-1 were not discussed. Moreover, it is submitted that, the written statement as well as the evidence submitted by the DW-1 and DW-2 lacked material particulars, the matter be remanded back to the learned Tribunal for a fresh opinion by allowing the petitioner to submit additional written statement and additional affidavit.

4. Pursuant to the order passed earlier, the record of the Tribunal is received and the same is perused and submission made by the learned counsel for all sides have been considered.

5. From the record, it appears that upon receipt of notice, the petitioner appeared before the learned Tribunal and she has submitted her written statement on 20.10.2014, wherein she had projected that she is the daughter of Shabu Sk and that the allegation that she has entered Assam from East Pakistan or Bangladesh between 01.01.1966 and 25.03.1971 is absolutely false and baseless. The petitioner has asserted that she is an Indian citizen by birth and her parents are also bonafide citizens. She also projects that the name of her grandfather is Putu Bujuruk Ali, son of Bigod Ali was an Indian citizen and that her grandfather name appeared in the voter’s list of 1966 at no.7 Kamnirbhita village under police station Lakhipur in the District of Goalpara under no.44 West Goalpara LAC. The petitioner’s claims that the name of her father is recorded in the voter’s list of 1989 as Shabu Sheikh, son of Kismot Ali of village- Banchardhoba under no.39 Jaleswar LAC and she does not know why “D” mark is made against her name.

6. On 18.02.2016, the petitioner had submitted her evidence-on-affidavit as DW-1 as well as on affidavit by her projected father as DW-2. In her evidence, she claims that her father’s name is Sabun @ Sabu Sheikh, name of her mother is Rup Bhanu @ Rupbhanu Nessa and the name of her grandfather is Kismot Ali @ Kesmot @ Kesmot Ali, name of her grandmother is Bulujan Nessa, name of her great grandfather is Putu Sheikh @ Putu Bujureek Ali son of Late Binot Sheikh @ Bigod @ Bigod Ali and the name of her great grandmother was Obiron Nessa and Kulshum Bibi and that her correct name is Fulmoti Nessa. She has further projected that the name of her father, grandfather, grandmother, great grandfather and great grandmother were enrolled in the NRC of 1951 in village-Mashaneralga under Bilasipara police station and after the death of her grandparents, her great grandfather along with her minor father shifted from village-Mashaneralga to village-Kaminer Bhita and the name of her grandparents entered in the voter’s list of 1966. The petitioner has also stated that the name of her grandparents was enrolled in the voter’s list of 1970 and after dea