A foreigner's status must be proven by credible and verifiable evidence linking them to claimed Indian ancestors; mere appearances in voter rolls are insufficient.

JUDGMENT :

K.R. Surana, J.

Heard Ms. M. Deb, learned counsel for the petitioner. Also heard, Mr. J. Payeng, learned counsel for the FT and Border matters, representing respondent nos. 1, 4 and 6; Mr. S.P. Choudhury, learned CGC appearing for respondent no.2; Mr. H.K. Hazarika, learned Government Advocate for respondent no.3; and Mr. H. Kuli, learned counsel, appearing on behalf of Mr. A.I. Ali, learned standing counsel for the respondent no.5.

2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Musstt. Aysha Khatun, has assailed the opinion dated 03.03.2018, passed by the learned Member, Foreigners Tribunal No. 5th , Goalpara, in F.T. Case No. F.T/5/84/MA/17 [arising out of IMDT Reference Case No. 854/04], thereby declaring the petitioner to be a foreigner as suspected in the reference case.

3) On receipt of notice, the petitioner entered appearance before the learned Foreigners Tribunal. On 01.04.2017, she had filed her written statement, denying the allegations and stating that she is a bonafide citizen of India by birth and was born and brought up at village- Rama Para Nonke under P.S. Baghbar in the district of Barpeta in the year 1956 approximately. Ashan Ullah Bepari and Ummekulsum Nessa are her parents. She is a literate woman. Abdul Aziz and Gulzan Nessa were her grandparents and Ahammad Ali and Mochiron Nessa were her maternal grandparents. She has disclosed the names of four children of her grandparents and eight siblings including herself. The petitioner claimed that the names of her parents appeared in the Voter list of 1966 and 1970 at village Rama Para Nonke under 52 Baghbar LAC. She got married with Moinuddin Ahmed, son of Abul Hussain of village Ramapara Pam under P.S. Baghbar in the district of Barpeta and she shifted to her matrimonial home. The petitioner has stated that she along with her husband had shifted from village Ramapara Pamto village Bamunpara,under P.S. Matia in the district of Goalpara, under 37 Goalpara East LAC, wherein she is staying till date. She has six children and disclosed their names. She has stated that although she had applied several times for enrolling her name along with the name of her husband before the Enumeration Officer of Bamunpara village, after shifting but due to unavoidable circumstances her name along with her husband was not enrolled and their names appeared in the Voters list of 1985 for the first time and she had cast her vote for the first time in the year 1985 along with her husband. Her name also appeared in the Voters list of 1997 and 2005 along with her husband. She has also stated that the name of her father has been stated as AshmatullaBepari instead of Ashan Ullah Bepari in the case record and both are names of same and one person. Accordingly, the petitioner had prayed for dismissing the proceeding and to declare her as a bonafide citizen of India by birth.

4) The petitioner had filed her evidence-on-affidavit on 26.04.2017, wherein she had reiterated the statement made in the written statement. In support of her evidence, the petitioner had exhibited the following documents viz., Certified copy of Voter List of 1966 (Ext.A); Certified copy of Voter List of 1970 (Ext.B); Certified copy of Voter List of 1985 (Ext.C); Certified copy of Voter List of 1997 (Ext.D); Certified copy of Voter List of 2005 (Ext.E); Photostat copy of her School Certificate (Ext.F). She was cross-examined on 23.05.2017.

5) Thereafter on 10.07.2017, one Md. Nur