The burden of proof for establishing citizenship lies with the individual, necessitating sufficient documentary evidence to counter claims of foreigner status.

JUDGMENT :

(M. Nandi, J.)

Heard Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Mr.U.K. Goswami, learned CGC; Ms. A. Verma, learned Standing Counsel, FT matters; Ms. P. Barua, learned Standing Counsel, ECI and Mr. P. Sarmah, learned Additional Senior Government Advocate.

2. By filing an application under Article 226 of the Constitution of India, the petitioner has challenged the impugned order dated 02.09.2022, passed by the learned Member, Foreigners Tribunal No.1, Bongaigaon in Case No. vide BNGN/FT/3230/09 [reference IM(D)T Case No.656/01], declaring the petitioner to be a foreigner of post 25.03.1971.

3. On receipt of the notice, the petitioner appeared before the Tribunal and submitted her written statement wherein she stated that she is a citizen of India by birth. The name of the petitioner’s father recorded in the voter lists of 1966 and 1970. The petitioner has purchased the plot of land in the year 1981 wherein the name of the petitioner’s father has been reflected.

4. The written statement also disclosed that the petitioner got married to one Kurban Ali in the year 1979. In the year 1983, she gave birth to a male child. After one year of birth of a child, she became mentally retarded. During that period, her husband did not take care of her and by that time he got married another two wives and ultimately, due to her mental retardation, she left the house of her husband. After long time, in the year 1998, she was found by her husband at Bongaigaon while she was begging in the footpath. Thereafter, she was brought back to the house of her husband.

5. It is also stated in the written statement that in the year 2002 and 2004, the petitioner’s son tried to enroll the name of the petitioner in the voter list but he could not succeed. The petitioner also produced the Gaonburah certificate to prove her link with her parents and the husband.

6. To prove her citizenship, the petitioner also adduced evidence as DW-1 and more or less she has stated the same thing whatever she stated in her written statement and exhibited the following documents –

a) Ext.A – NRC details in the year 1951

b) Ext.B – Voter list of 1966

c) Ext.C – Voter list of 1970

d) Ext.D – Sale deed

e) Ext.E - Gaonburah certificate

f) Ext. F – Family Identity Card

7. In her cross-examination, DW-1 replied that she could not remember her date of birth and year, however she was born at Village – Fesertary. Her grandfather’s name was Moijuddin. Her father was Ardush Ali Bepari. Mother name’s was Haliman Nessa. She never casted her vote. She is the lone child of her parents. Her parents expired in her childhood. There was a plot of land at Fershatari which was sold by her father but she could not say to whom the land was sold.

8. It is submitted by the learned counsel for the petitioner that the petitioner was born and brought at village - Tarangapur, P.S – Lakhipur in the district of Goalpara, Assam. The petitioner’s father and forefathers were also born in the same village. Her grandfather’s name is Maju Sk.

9. It is further submitted that the petitioner’s father Ardash Bepari was the only child of her grandfather. The petitioner has no siblings and she is the only child of her parents and after her birth, her parents died. Her grandparents, parents and other family members are Indian citizens by birth. Their citizens