the same.

. It is seen from the records of the case that pursuant to the direction of the Election Commission of India, intensive revision of electoral roll for the 44 Jania Assembly Constituency in Assam with reference to 01.01.1997 as the qualifying date was processed for which house to house enumeration was done from 16.01.1997 to 15.04.1997. In that process, name of the petitioner declaring her to be an Indian citizen and also as an ordinary resident of Rangapani was enumerated for inclusion of her name in the draft electoral roll and in pursuance of that, her name was included in the draft electoral roll of said Jania LAC that was published on 24.07.1997.

6.

As the concerned Electoral Registration Officer of the said LAC had some doubt with the citizenship of the petitioner, got the matter verified by an on-the-spot local verification. The concerned Local Verification Officer (LVO) pursuant to the said direction of the ERO concerned made the verification and submitted a report to the effect that the proceedee, i.e., the petitioner herein could not furnish relevant documents pertaining to recording of her name in Electoral Rolls prepared prior to 25.03.1971 nor she could place any materials to show that her name appeared in any public records like, Panchayat Register, Family Register, Refugee Register etc.

7.

As such, the ERO concerned from such verification report of the LVO had reasonable doubt that the petitioner is not a citizen of India and therefore, vide No. JN-01-62/2039 dated 19.01.1998 submitted its report before the Superintendent of Police (Border), Barpeta recommending the case of the petitioner for determination as to whether she is a citizen of India or not under the Foreigners Act, 1946 and Rules made thereunder. Pursuant to the same, the Superintendent of Police (Border) Barpeta, vide Case No.7637(A) dated 21.08.1998 forwarded the matter to the Chairman, Illegal Migrants (Determination)Tribunal, Barpeta for its opinion as to whether, the petitioner is a foreigner or not under the Foreigners Act, 1946.

8.

After the decision of the Hon’ble Supreme Court in the case of Sarbananda Sonowal Vs Union of India, reported in (2005) 5 SCC 665, wherein their Lordships struck down the Illegal Migrants (Determination) Tribunal Act and the Rules framed thereunder being unconstitutional and the Hon’ble Supreme Court directed the authorities concerned to consider all such pending cases under the said IM(D)T Act to convert those under the Foreigners Act, 1946 and to determine the nationality of those persons following the provisions of the Foreigners (Tribunals) Order, 1964. As the case of the petitioner that was forwarded by the SP(Border) Barpeta on 21.08.1998, was pending before the IM(D)Tribunal, Barpeta it was also converted to a proceeding under the Foreigners Act, 1946 and Foreigners (Tribunals) Order, 1964 in terms of the decision of the Hon’ble Supreme Court in the case of Sarbananda Sonowal (supra). Accordingly,it was placed before the Foreigners Tribunal No.1 at Barpeta wherein it was registered as Foreigners Tribunal Case No. 03/2017.

9.

The said Tribunal on 05.01.2017, issued notice to the petitioner informing her that it is alleged that she had illegally entered into the territory of Assam, India and that doubt has been raised pertaining to her Indian nationality as she failed to place any relevant documents during the enquiry that she is an Indian national. As such, the Tribunal by the said notice directed her to appear before the said Tribunal on 01.02.2017 and also directed to submit her written reply so as to prove herself to be an Indian national as required under Section 9 of the Foreigners Act, 1946.

10.

The petitioner on receipt of the said notice appeared before the Tribunal on 01.02.2017 and after taking time, filed her written reply/ statement on 06.05.2017 in the said FT Case No. 03/2017. Thereafter, on 17.08.2017 she submitted her affidavit-in-evidence before the Tribunal and in the said FT Case she was cro