Review jurisdiction is restricted to correcting patent errors or addressing newly discovered evidence unavailable through due diligence. It cannot be used to re-argue settled issues, and registry inclusion of relatives does not automatically invalidate a prior final judicial declaration of nationality.

JUDGMENT :

Soumitra Saikia, J.

This review petition is directed against the order dated 10.11.2020 passed in WP(C) No. 1906 of 2020. By the said order, the writ petition filed by the petitioner challenging the opinion dated 29.11.2019 passed in FT. Case No. (Bpt/11^th) 1910/2017 rendered by the Member, Foreigners’ Tribunal No. 11, Barpeta, declaring the petitioner to be a foreigner/illegal migrant who had entered Assam on or after 25.03.1971, was affirmed and the writ petition was dismissed.

2. Before the Tribunal, the petitioner contested the reference by filing written statements and supporting documents. The case projected before the Tribunal was that she was born in 1966 at Village Pota under Sarupeta Revenue Circle of Barpeta district. Her parents’ names were Abdul Kader Ali and Moyful Nessa and her grandmother’s name was Hazera Bewa. She had produced copies of the electoral Rolls for the years 1965, 1970, 1989, wherein the names of her parents and grandmother names are found recorded as voter. She was married on 01.10.1983 to Abdul Rajjak of village Haldia Gaon, P.S. Kalgachia District Barpeta, Assam and for the first time, her name was recorded as a voter in the year 1985 along with her husband in respect of village Haldia under 44 No. Jania LAC. Before the Tribunal, the petitioner examined two witnesses—herself as DW-1 and one Abul Kalam Ahmed as D.W-2, who was projected as her brother.

3. On these documents and evidences adduced, the petitioner contested her case and urged before the Tribunal that the reference against her was uncalled for, and that she being a citizen of India, the same should be answered in her favour.

4. Before the Tribunal, the petitioner produced the extracts of electoral Rolls for the year 1965 and 1970, whereby names of Abdul Kader Ali, son of Kader Ali, and Mayful Nessa, wife of Abdul Kader Ali, and Hazera Bibi, wife of Sagar Ali, who were projected as the father, mother and grandfather respectively were recorded as voters and were shown to be residents of village Pota under No 48 Bhawanipur LAC. They were exhibited before the Tribunal as Exhibit 1 and 2. Thereafter, electoral Rolls for the year 1985, 1997 and 2017 were exhibited as Exhibits 3, 4 and 5.

5. Exhibit 3, which is the electoral Roll of 1985 recorded the name of Fatima Khatun and her husband Abdul Rajjak as voters whereas Exhibit 4 pertaining to Electoral Roll of 1997 recorded the name of petitioner as a voter and Exhibit 5 pertaining to the electoral Roll of 2017 recorded the name of the review petitioner and her two sons, Farman Ali and Saman Ali, and Rahina Khatun, wife of Saman Ali.

6. Exhibit 6 was the extract of the electoral Roll of 2018 in respect of Village Pota under No. 41 Bhawanipur LAC pertaining to one Abdul Kalam Ahmed, son of Abdul Kader (62) and his wife Nur Nehar Ahmed (52) whom the petitioner projected as her brother and sister-in-law.

7. Exhibit 7 is the certificate issued by the Secretary 108 No. Majgaon Gaon Panchayat vide dated 12.10.2015 countersigned by the BDO, Howly certifying that Srimati Fatema Bidhaba aged about 52 years old, daughter of late Abdul Kader and Mayful Nessa of Pota village & 108 No. Majgaon Gaon Panchayat under Sarupeta Revenue Circle of Barpeta District of Assam was a resident within the jurisdiction of the said Gaon Panchayat and who got married on 01.01.1983 to late Abdur Rajjak, who was the son of late Juran Fakir a