The burden of proof in citizenship claims rests on the petitioner; credibility of evidence must be crucial to establish status under the Foreigners Act, 1946.

JUDGMENT :

MALASRI NANDI, J.

1. Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Mr. P. Sarmah, learned Additional Senior Government Advocate; Mr. P.S. Lahkar, learned CGC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned Standing Counsel, ECI and Mr. G. Sarma, learned Standing Counsel, FT matters.

2. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, challenging the order dated 06.06.2018, passed by the learned Foreigners’ Tribunal No. 10th, Barpeta in F.T Case No.35/2017, whereby the petitioner has been declared as a foreigner of post 1971.

3. On receipt of the notice, the petitioner put her appearance before the Tribunal and contested the case by filing written statement wherein she stated that she is a bonafide and genuine citizen of India by birth. She was born and brought up at Village – Bhulukabari in Barpeta district. One Mahammad Ali is the father of the petitioner whose name has been appeared in the voter lists of 1965 and 1970 from village – Bhulukabari under 53 No. Sarukhetri LAC.

4. The name of the petitioner has been appeared in the voter’s lists of 1985 and 1989 from village – Kaljhar along with her husband. It is also stated in the written statement that the name of the petitioner’s father has been appeared in a registered sale deed of land vide Deed No.55, covered by Patta No.92, Dag No.172 dated 04.01.1966 of village – Bhulukabari. Written statement has also disclosed that the petitioner has produced two gaonburah certificate for residential status and linkage purpose which were issued by gaonburah of village - Bhulukabari and Kaljhar.

5. In support of her written statement, the petitioner also examined herself as DW-1, her projected brother Julhas Ali as DW-2 and DW-3- Gaonburah of Village - Bhulukabari. The petitioner has exhibited some documents vide Ext.A - voter list of 1965, Ext.B - Registered sale deed of land, Ext.C - Voter list of 1970, Ext.D - voter list of 1989, Ext.E and Ext.F – Certificates of gaonburah.

6. In her cross-examination, DW-1 replied that her date of birth is 05.05.1960 but she has no birth certificate. She was born in village – Bhulukabari. Her father late Mahammad Ali expired three years back at Bhulukabari. The name of her mother is late Sajitan Nessa and she expired about four years back at Bhulukabari. The name of her parents were enlisted in the voter lists of 1965 and 1970. The name of her grandfather is late Gopal Sarkar but she did not know the name of her grandmother. She could not recollect when they died. The petitioner got married to one Abul Hussain of Kaljhar in the year 1981.

7. Similarly, DW-2, projected brother of the petitioner also supported the statement of the petitioner as above. According to him, his name has been appeared in the voter list of 1997 along with other family members from village – Bhulukabari vide Ext.G. He has also exhibited his Elector Photo Identity Card (EPIC) vide Ext.H

8. In his cross-examination, DW-2 stated that he was born in the year 1972 but he could not recollect his date of birth and he was born at village - Bhulukabari under Barpeta