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SAKINA KHATUN – Appellant
Versus
THE UNION OF INDIA AND 5 ORS – Respondent


Advocates:
['A R SIKDAR', '', 'J U AHMED', 'MD A ALI', 'M AHMED', 'S I TALUKDAR', 'ASSTT S G I', '', 'SC', 'F T', 'NRC', 'ELECTION COMMISSION']

ORDER

19.01.2021 (Manojit Bhuyan, J)

Heard Mr. A.R. Sikdar, learned counsel for the petitioner as well as Mr. K. Gogoi, learned counsel representing respondent no.1. Mr. U.K. Nair, learned senior counsel represents respondent nos.2, 3 and 4 whereas Ms. N. Upadhyay, learned counsel appears for respondent no.5. Ms. L. Devi, learned counsel accepts notice on behalf of respondent no.6 Petitioner assails opinion dated 19.03.2019 passed by the Foreigners’ Tribunal No.8th, Barpeta, Assam, in F.T. Case No. 67/2016, declaring her to be a foreigner/illegal migrant, having illegally entered into India (Assam) on or after 25.03.1971.

For the purpose of discharging burden as required under section 9 of the Foreigners Act, 1946 to prove that she is not a foreigner, the petitioner exhibited as many as 8 (eight) documents i.e. Exhibit-A to Exhibit-H. In support of her case the DW-2 exhibited Exhibit-I; DW-3 exhibited Exhibit-J and the DW-4 exhibited Exhibit-K, L and M, the particulars of which may be noticed as under :

(i) Exhibit-A – 1951 NRC certificate.

(ii) Exhibit-B – Annual Kheraj Patta.

(iii) Exhibit-C – Comlputarized certified copy of Voter List of 1965.

(iv) Exhibit-D – Certified copy of Voter L

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