JUDGMENT

(Oral)

Date : 30-04-2019 (M. Choudhury, J)

Heard Mr. M.U. Mahmud, learned counsel for the petitioner as well as Mr. J.

Payeng, learned counsel representing respondent Nos. 3, 5, 6 & 7. Also heard Mr. A.I. Ali, learned counsel representing respondent No.2 and Ms. U. Das, learned counsel representing respondent No.4. There is, however, no representation on behalf of respondent No.1.

2. The petitioner assails the order/opinion dated 27.08.2018 passed by the Foreigners Tribunal No.3, Nalbari in F.T.(Nal.) Case No.148/2018, whereby, the Tribunal held that the petitioner, Mustt. Zirfan Nessa, wife of Md. Sohrab, Village – Bonpura, Police Station – Mukalmua, District – Nalbari, Assam as the proceedee, failed to discharge her burden of proof as mandated under Section 9 of the Foreigners Act, 1946 and accordingly, she was declared to be a foreigner. By the said order/opinion dated 27.08.2018, the Tribunal answered the reference in the affirmative and held that the petitioner was liable to be deported being a foreigner.

3. On a reference made by the Superintendent of Police (Border), Nalbari, the Tribunal issued notice and on receipt thereof, the petitioner duly entered appearance and contested the case by filing her written statement on 05.05.2015 and deposing as an witness, O.P.W.1 on 06.07.2015 on which date she was also crossexamined. It is seen from the records that after recording the deposition of the petitioner on 06.07.2015, the case was fixed for argument on 24.08.2015. It transpires from the records that thereafter, the petitioner filed two petitions before the Tribunal on 22.05.2018 praying for examining further witnesses i.e. her parents as well as the Election Officer and for submitting additional documents i.e. voter lists of 1971, 1985, 1997 and 2014. The Tribunal by its order dated 22.05.2018 rejected both the petitions. Assailing the said order dated 22.05.2018, the petitioner approached this Court by way of a writ petition, W.P. (C) No. 3694/2018. On due consideration and in the interest of justice, this Court by order dated 12.06.2018 disposed of the writ petition, W.P (C) No. 3694/2018, by granting a further opportunity to the petitioner to adduce the additional evidence, as indicated above, with the direction to conclude the proceeding within a period of 60 (sixty) days from the next date of hearing. Pursuant to the direction contained in the said order dated 12.06.2018, the evidence of the projected parents of the petitioner viz. Chan Mia Ali (O.P.W.2) and Nazmun Begum (O.P.W.3), and an official from the office of the Election Officer, Nalbari (O.P.W.4) were adduced apart from submission of the documents, indicated above, before the Tribunal. After closure of evidence, the Tribunal rendered its order/opinion on

27.08.2018 which is under challenge in the instant writ petition.

4. The primary issue for determination is as to whether the petitioner succeeded to establish her linkage with her projected father or her projected mother or her projected grandfather in order to establish her status of citizenship under the provisions of Section 6A of the Citizenship Act, 1955.

5. In her written statement, the petitioner stated that she was an Indian national by birth and a permanent resident of the noted address without, however, mentioning the address. She stated that her father was Md. Chand Miah, whose name was recorded in the Electoral Roll of 1966 of Village – Kandhmari, Police Station – Mukalmua, District – Nalbari for No.61 Hajo LAC. Her place of birth was also Kandhmari. She got married with Md. Sohrab Ali of Village – Bonpura, Police Station – Mukalmua, District – Nalbari. She further stated that her name was recorded in the voter lists of 1993, 1997 and 2014 at Village – Bonpura, Police Station – Mukalmua, District – Nalbari.

6. In her testimony as O.P.W.1, recorded on 06.07.2015, the petitioner deposed that she was born at Village – Kandhmari and she could not remember her date of birth. She deposed that her fa