GAHC010159092018

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4934/2018 MUSSTT. KHAIMOLA BIBI

W/O- FAZAR ALI, D/O- LATE HABIBAR RAHMAN, R/O- VILL JALDOBA PT-I,

P.O- BAGRIBARI, P.S- KAZIGAON, DIST- KOKRAJHAR, BTC, ASSAM, PIN-

783349

VERSUS

THE UNION OF INDIA AND 9 ORS

REP. BY THE MIN OF HOME AFFAIRS, GOVT OF INDIA, NEW DELHI- 01

2:THE ELECTION COMMISSION OF INDIA

REP. BY THE CHIEF ELECTION COMMISSIONER

NEW DELHI- 01

3:THE STATE OF ASSAM

REP. BY CHIEF SECRETARY TO THE GOVT OF ASSAM

DISPUR GHY- 06

4:THHE COMMISSIONER AND SECRETARY

TO THE GOVT OF ASSAM

HOME DEPTT

DISPUR GHY- 06

5:THE STATE COORDINATOR

NRC

ASSAM

BHANGAGARH

GHY- 05

6:THE DIRECTOR GENERAL OF POLICE

ASSAM ULUBARI GUWAHATI- 05

7:THE SUPERINTENDENT OF POLICE(B)

KOKRAJHAR DIST- KOKRAJHAR BTAD ASSAM PIN- 783370

8:THE DEPUTY COMMISSIONER KOKRAJHAR DIST- KOKRAJHAR BTAD ASSAM PIN- 783370

9:THE OFFICER IN CHARGE KAZIGAON POLICE STATION DIST- KOKRAJHAR BTAD ASSAM PIN- 783349

10:THE ELECTORAL REGISTRATION OFFICER NO. 24 GAURIPUR LAC DIST- DHUBRI ASSAM PIN- 78333 Advocate for the Petitioner : MR. M R KHANDAKAR, MR. A W MONDAL,MD. I H KHAN,MR K ISLAM,MR A ALIM SK,MS. N NASRIN,MR. M U MONDAL,MR. A K AZAD Advocate for the Respondent : ASSTT.S.G.I., SC, ELECTION COMMISSION.,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

Date : 09-12-2025 (K.R. Surana, J)

Heard Mr. K. Islam, learned counsel for the petitioner as well as Mr. G.

Sarma, learned standing counsel for the Foreigners Tribunal, Mr. H.K. Hazarika, learned Jr. Govt. Advocate, Mr. A.I. Ali, learned standing counsel for the ECI and Ms. A. Gayan, learned CGC.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 19.05.2018, passed by the learned Member, Foreigners Tribunal, Kokrajhar, in Case No. K/FT/D/2751/12, corresponding to R/IM(D)TC/No.5021/98 by which the petitioner was declared as an illegal migrant of post 25.03.1971 stream.

3. On a receipt of the notice of the proceedings, the petitioner had appeared before the said learned Tribunal and had filed her written statement enclosing thereto 10 documents in support of her defence. It was stated that the petitioner was born and brought up at village Jaldoba Part-I under Bagribari, district Kokrajhar and was married to one Fajar Ali of village Jaldoba Part-II. The name of the petitioner is recorded in the VCDC Certificate issued on 04.02.2018 wherein the father’s name is Habibar Rahman. Her name is also recorded in the Bank Pass Book. It was stated that the name of the father of the petitioner is recorded in the NRC of 1966 showing Voter detail for which reference is also made to the certified copy of the Voters list of 1966 and 1970. The name of the petitioner appears in the Voters list of 1997 and the name of the father of the petitioner appears in the Voters list of 1985. It has been stated that the grandfather of the petitioner is Hajarat Ali, who is a citizen of India and his name is recorded in the Voters list of 1966. The petitioner has clarified that her name is Khaimala Bibi, but in some documents her name is recorded as Khymala Bibi.

4. In support of her defence, the petitioner has filed her evidence-on- affidavit, whereby reiterating the statements made in the written statement, the following documents were exhibited: Link Certificate dated 13.07.2017 (Ext.1); VCDC certificate dated 04.02.2018 (Ext.2); Bank Pass Book of Assam Gramin Vikash Bank (Ext.3); Voters list of 1985 disclosing names of Habibar Rahman, Hazrat and Mouri Bibi (translated in the English version as Mayuri Bibi by the petitioner), wife of Habibar Rahman (Ext.4); Certified copy of Electoral Roll of 1966 (Ext.5) containing the name of Habibar Rahman, son of Hazrat Ali; Electoral Roll of 1970 (Ext.6) containing the name of son of Hazrat. The petitioner has also exhibited PAN card [Ext.7(i)], PAN card of one Hiran Bala Ray [Ext.7(ii)], daught