The court emphasized that documentary evidence is essential to establish citizenship claims under the Foreigners Act, and mere oral testimony is insufficient.

JUDGMENT :

M. Nandi, J

Heard Mr. R.C. Das, learned counsel assisted by Mr. S. Hussain, learned counsel for the petitioner. Also heard Mr. G. Sarma, learned Standing Counsel, F.T.; Mr. M.R. Adhikari, learned CGC; Mr. M. Kalita, learned counsel appears on behalf of Ms. P. Barua, learned Standing Counsel, ECI; and Mr. P. Sarmah, learned Additional Senior Government Advocate, Assam.

2. By filing this application under Article 226 of the Constitution of India, the petitioner has challenged the impugned order dated 28.02.2023, passed by the learned member, Foreigners Tribunal 4th, Nagaon, Juria, Assam in F.T. Case No.130/2016 [corresponding to Police Reference “D” Case No.2990/98, declaring the petitioner as foreigner].

3. The petitioner’s case, in brief is that the petitioner is a citizen of India by birth. The petitioner inadvertently did not append her own voter list before the learned Tribunal but exhibited some other relevant documents to link her with her projected parents. It is also the case of the petitioner that the name of her father has been reflected in the voter lists of 1966 and 1970. Her elder brother and sisters had also casted their votes in their respective constituency. Even though the petitioner produced linked documents with her father like school certificate, migration certificate and land documents but the learned Tribunal without applying judicial mind declared the petitioner as a foreigner vide opinion dated 28.02.2023. Hence, this writ petition.

4. On receipt of the notice from the Tribunal, the petitioner appeared and contested the case by filing written statement. As per written statement, the petitioner is the bonafide citizen of India and permanent resident of village – Jamuguri, P.S- Juria, Mouza - Alitengni, District – Nagaon, Assam, The petitioner was born and brought up in the village – Bherbheri, Mouza & P.S - Batadrava, District- Nagaon, Assam. The name of the petitioner’s parental grandfather was Akadil Sheikh and name of grandmother is Sayed Jan. The name of the petitioner’s parents are Muslem Uddin and Majida Khatun.

5. It is also stated in the written statement that the petitioner got married to one A. Rashid, s/o A. Hashen of village - Jamuguri, PS- Juria, district- Nagaon, Assam. The name of petitioner’s father has been recorded in the voter lists of1966, 1970 from Bherbheri village under Dhing Police Station, Nagaon.

6. The petitioner has adduced evidence as DW-1 and DW-2 is one Mainul Hoque as projected brother of the petitioner. The petitioner also exhibited some documents vide Ext.I – voter list of 1966, Ext.II – voter list of 1970, Ext.III - Periodic Khiraj Patta in the name of Muslem Uddin, Ext.IV- Jamabandi, Ext.V- Panchayat certificate and Ext.VI- Affidavit filed by the petitioner. The evidence of DW-2 is nothing but a replica of the evidence of DW-1.

7. Learned counsel for the petitioner has argued that the petitioner is a lady, being 50 years of age, is originally hailing from village – Bherbheri, P.S- Batadrava under Nagaon district. And the marriage of the petitioner was solemnized with one Abdul Rashid on 01.01.1996. It is also submitted that the name of the petitioner’s father has appeared in the voter list of 1966 and 1970.

8. Further submission of the learned counsel for the petitioner is that the name of the petitioner’s parents and elder brother’s name have been enlisted in the voter list of