Claimants asserting citizenship must substantiate their claims with credible evidence, failing which their claims may be dismissed as seen in foreigner cases.

JUDGMENT :

S.P. Khaund, J.

Heard Ms. S. Roy, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC; Mr. G. Sarma, learned standing counsel for the FT matters and NRC; Mr. A. I. Ali, learned standing counsel for the ECI; and Mr. P. Sarma, learned Additional Senior Govt. Advocate for the State.

2. The petitioner Fatima Bibi is aggrieved by the impugned opinion dated 30.09.2016 in F.T. Case No. FT-9/79/GKJ/2015 and Ref. Case No. IM (D) T case no. 3012/98 passed by the learned Member, Foreigners Tribunal No. 9, Dhubri, whereby the petitioner was declared to be a foreigner who had entered into India from the specified territory on or after 25.03.1971. The instant case was registered and notices were issued to the petitioner. Earlier this case was registered under the IMDT Act, but was subsequently transferred to the Foreigners Tribunal. The petitioner appeared before the Tribunal and filed her written statement and duly contested the proceeding. She adduced her evidence as DW1 and the evidence of Moinul Hoque as DW2, and exhibited some documents.

2. Through her written statement, Fatima Bibi submitted that she is an Indian citizen and the letter ‘D’ was erroneously inserted against her name in the electoral roll. She tried to establish her lineage with her parents through the certificate issued by the Secretary of the Sagolia Gaon Panchayat and countersigned by the B.D.O of Agomani Development Block.

3. The petitioner further stated through her written statement that she was born and brought up in the village Chagalia Part-II and she studied upto Class- IX in Chagalia High School, P.O. Chhagalia, dist- Dhubri. The Headmaster had issued a transfer certificate dated 17.04.2006, and this certificate was countersigned by D.D.C. Dhubri. She further tried to establish her lineage with her father, through the Kabin Nama, stating that her marriage was solemnized with Nazrul Hoque, son of Late Jaher Mondal, a resident of village Maisha Pt-I, PO-Belguri, district Dhubri. The Kabin Nama was issued by Amir-E-Shorit and General Secretary, district-Dhubri Emarat-E-Sorit & Nodwatur- Tamir Sl No.148 dated 05.11.1989.

4. According to the petitioner, her grandfather's name was enrolled in the electoral roll of 1966-1971 under 35 Golakganj L.A.C. of village Sagolia Part- II as Sahar Uddin @ Sahir Uddin.

5. The petitioner stated through her written statement that her father's name, mother's name, brother's names, and sister-in-law's names were included in the voters list of 1997 as

Sakir Hossen @Sakir Hussain :- Father

Fojiran Bibi :- Mother

Foizul Hoque :- Brother

Moinul Hoque :- Brother

Morjina Bibi :- Sister-in-law

under 25 Golakganj L.A.C. of village Sagolia Part-II in the District- Dhubri Assam.

6. The petitioner through her written statement also brought on record that her father Sakir Hossen @ Sakir Hussain purchased a plot of land on 04.01.1994 vide Registered Sale Deed No.17 at Sagolia Pt-II, under Agomani Revenue Circle of Dhubri District. This written statement of the petitioner was substantiated by her evidence-in-chief. The petitioner reiterated the contents of the written statement through her evidence-in-chief. She marked the following documents as Exhibits and annexed some documents along with the written statement and evidence-in-chief, as described below:-

Exhibit- 1, school certificate,

Exhibit-2,Kabin Nama,

Exhibit-3,Registered sale Deed No. 17 dated 04.01.1994,

Annexure-A, photocopy of Voters list of 1997,

Annexure- B,Voters list of 2016,

Annexure-C,Voters details of 1966, Vide Legacy data No.340-4031-0264,

Exhibit-D, Vote