The court upheld that a petitioner must provide adequate and credible evidence to substantiate claims of citizenship, failing which the claim will be dismissed.

JUDGMENT :

(Rajesh Mazumdar, J)

Heard Mr. S. Hoque, learned counsel appearing for the petitioner. Also heard Mr.P.S. Bhattachayya, learned CGC; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel, ECI, Mr. G. Sarma, learned standing counsel for the FT matters and NRC and Mr. P. Sarma, learned Govt. Advocate for the respondents.

2. The present writ petition under Article 226 of the Constitution of India has been preferred by the writ petitioner assailing the opinion dated 24-05-2022 rendered in BNGN/FT-2/APR/612/2017 in connection with BNGN IM(D)T No. 218/2003 and BNGN/FT- 2/APR/34/2020 in connection with BNGN IM(D)T No. 892/2002. The two cases before the learned Tribunal had originated from two separate references made by the Superintendent of Police (Border), Bongaigaon. The two references were then transferred to the FT, Bongaigaon No. 2, Abhayapuri in connection with provisions of Foreigners Tribunal Act, 1946 read with Foreigners Tribunal Orders, 1964. Both the references were amalgamated for a combined proceeding. The writ petitioner received notices to appear before the Tribunal. Accordingly, she appeared and filed her written statement claiming herself to be an Indian citizen by birth. Two witnesses, viz. the writ petitioner herself as DW-1 and one Abdul Barek who claimed to be the brother of the petitioner had adduced evidence in support of the petitioner. OP as DW-1 exhibited the following documents in support of her version :

“a. Final Khatian – Exhibit- 1

b. Voter list of 1966 – Exhibit- 2

c. Voter list of 1970 – Exhibit- 3

d. Voter list of 1985 – Exhibit- 4

e. Voter list of 1997 – Exhibit – 5

f. Voter list of 2008 – Exhibit- 6

g. Gaon Panchayat Certificate – Exhibit- 7”

DW-2 Abdul Barek submitted following documents along with his affidavit in support of his OP :

“h. Voter list of 1997 – Exhibit- A

i. Voter list of 2008 – Exhibit- B

j. Elector Photo Identity Card – Exhibit- C”

3. Having appreciated the contention raised in the written statement and the evidence adduced on behalf of the writ petitioner, the learned Tribunal came to a conclusion that none of the exhibits relied upon by the petitioner could establish her linkage to her alleged parents. The Gaon Panchayat certificate issued by the Secretary, 56 No. Bonghugi Gaon Panchayat was found to be inadmissible as the author was not examined to prove the certificate or the contents thereof. The Tribunal also found that the documents exhibited by the second witness in favour of the petitioner did not serve to prove linkage of the petitioner and the witness or between the petitioner and her alleged parents. The learned Tribunal thereafter proceeded to answer the reference case in the affirmative and in favour of the State holding the petitioner to be a foreign national who entered India from Bangladesh illegally and without authority subsequent to 25-03-1971. It is this opinion dated 24-05-2022 of the FT, Bongaigaon No. 2, Abhayapuri which is under challenge.

4. We have heard the learned counsel for the parties and perused the trial court records. The learned counsel for the petitioner strenuously argued that the petitioner is the daughter of Hatem Ali and Jaher Nessa who were both citizen of India by birth and permanent resident of village- Simalabari in the erstwhile Goalpara district. He has drawn our attention to the Voters List of 1966 and 1970 to stress that the names of the parents of the petitioner were found in the Voters List of 1966 along with her brother and the names of her grandparents were recorded in the Voters List of 1970, in both cases along with her brother Habibor. The learned counsel has also drawn our attention to the Electoral