The petitioner failed to prove citizenship under the Foreigners Act, 1946, as the presented documentation was insufficient and lacked proper verification.

JUDGMENT :

K.R. Surana, J.

Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Ms. B.Sarma, learned CGC for respondent no.1; Ms. A. Verma, learned standing counsel for respondent nos. 2, 4 and 6; Mr. P. Sarmah, learned Addl. Senior Govt. Advocate for respondent no. 3; and Mr. A.I. Ali, learned standing counsel for respondent no.5.

2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the opinion dated 21.06.2016, passed by nd the learned Member, Foreigners Tribunal (2), Morigaon, Assam, in Case No. F.T.(D) 1189/11 [Police Ref. D/N Case No. 175/97 dated 15.12.1997, arising out of E.R.O. Ref. No. LDB/ERO/81/16/12 dated 31.10.1997], by which the petitioner, namely, Musstt. Joygun Bibi, was declared to be a foreigner under Section 2 (a) of the Foreigners Act, 1946, who has illegally entered into India (Assam) after the cut-off date 25.03.1971.

3) The petitioner, upon service of notice of the proceeding, appeared before the learned Tribunal and submitted her written statement, inter alia, stating that she is a citizen of India by birth. Her father is Md. Ambaz Ali, who is a citizen of India by birth, having landed property and she was born in village- Digali Ati under Bhuragaon P.S. in Morigaon District. She had married Md. Ibrahim Ali, son of Late Kuddus Ali of village- Haibargaon, P.S. Bhuragaon, Dist. Morigaon. The name of Ambaz Ali was enlisted as voter in the voters list of 1966 and 1970 in village- Baruating, under Bokoni (S.C.) LAC. The name of the petitioner was enrolled as a voter after marriage, but with mark ‘D’ against her name and therefore, she could not exercise her right to franchise. She had also stated that the Investigating Officer had submitted his report without any investigation and therefore, the case was liable to be set aside and she be declared as an Indian.

4) In support of her defence, the petitioner had examined herself as DW-1. In her examination-in- chief, she had stated that she was born in village- Dighali Ati under Bhuragaon P.S. Her father’s name is Ambaj Ali, Her marriage was performed with Ibrahim Ali of Haibargaon. Her grandfather’s name is Askar Ali. She had stated that it is not true that she had illegally come from Bangladesh. No case is pending against her family. She has documents. In her cross-examination, she had stated that she cannot recollect the date of her birth. She cannot sign. She cannot state the dag and patta number of the land.

5) On 12.05.2016, the petitioner had examined Md. Mainuddin Ahmed, aged 35 years, son of Md. Kadir Ali, as DW-2. He had stated in his examination-in-chief that she knows the petitioner, Joygun Bibi. She is her related cousin. He had stated that her father’s name is Ambaj Ali and she was born in Dighali Ati and is married at Haibargaon. Ext.Ka is the Gaonburah certificate issued to Joygun Bibi. Ext.Kha is the certificate issued by the Gaonburah of Dighali Ati. Ext.Ga is the land document in her father’s name. Ext.Gha is the voters list of 1966 and Ext.Unga is the voters list of 1970. In his cross-examination, the DW-2 had stated that the exhibited documents, i.e. Ext.Kha, Ext.Kha, Ext.Ga, Ext.Gha and Ext.Unga were not collected by him from the office. He did not know the signatures in the exhibited documents. He had stated that Ext.Ka is dated 25.03.2014 and Ext.Kha is dated 19.12.2015. He did not collect the Gaonburah certificate. Nothing is mentioned in remarks column of Ext.Gha. There is no patta document. He cannot say about payment of revenue and no receipt is submitted. He did not know who collected Ext.Gha and Ext.Unga from t