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 List of 1997. (v) Exhibit-E – Certified copy of Voter List of 1989.

(vi) Exhibit-F – Gaon Panchayat Certificate.

(vii) Exhibit-G– Gaonburah Certificate (viii) Exhibit-H – Affidavit.

(ix) Exhibit-I – Voter Identity Card (DW 2). (x) Exhibit-J – Voter Identity Card (DW 3).

(xi) Exhibit-K – Certified Chitha copy of land. (xii) Exhibit-L – Certified copy of Jamabandi.

(xiii) Exhibit-M – Voter Identity Card of DW-4.

Petitioner examined herself as DW-1. One Sairuddin, projected brother of the petitioner deposed as DW-2, one Amjad Ali, projected neighbor of the petitioner deposed as DW-3 and one Kaser Ali, projected husband of the petitioner deposed as DW-4.

From the records, the petitioner projected one Mahammad Fajal as his father, one Sakatan as her mother and one Saripaddi Sheikh as her brother, which names appeared in the NRC of 1951 of village Sahpur, district-Barpeta at Exhibit-A. The petitioner in her written statement and evidence-in- chief stated that as her father died prior to 1965 as such his name is not recorded in the 1965 Voter List. Petitioner also did not mention her date of birth and only deposed that her age is 53 years. If her age is 53 years in the year 2018 then she must have been born in the year 1965. As such, question is raised about her claim that Mahammad Fazal is her father. It is seen that on being questioned by the Tribunal, the petitioner stated that her father died in the year 1962/1963, which would mean that her father died before 2/3 years ago of her birth. Contradiction with the statements made in the written statement and evidence-in-chief, where the petitioner stated that her father died in the year

1975/1976, then obviously her father’s name should have appeared in the Voter Lists of 1965 and

1970. On being questioned by the Tribunal, the petitioner also stated that her mother had cast vote in the year 1970 and not in the year 1965 and that her mother died about 20/25 years ago i.e.

1993/1998. However, the petitioner could not produce any voter lists of her mother though her mother’s name is reflected in the 1951 NRC aged about 26 years.

Exhibit-B is the Annual Kheraj Patta brought on record by the petitioner by which she claimed that her father and brother possessed land. On this the Tribunal recorded that the document is illegible and damaged, it cannot be ascertained when it was issued and who are the pattadars. There is nothing shown to disbelieve this factual aspect.

Exhibit-C is the Voter List of 1965 where the name of one Dil Mamud of village Jamadarbari is reflected, who is projected as the uncle of the petitioner. However, the petitioner could not say whether Dil Mamud cast vote or not. Petitioner also deposed that Dil Mamud’s name appeared in the NRC but at Exhibit-A the name of Dil Mamud is nowhere reflected.

Exhibit-D is