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 co