GAHC010265032017

2026:GAU-AS:820-

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

Case No. : WP(C)/2639/2017 SALEHA KHATUN W/O- AIJUL HOQUE, D/O- KHANDAKAR JAMAL UDDIN, VILL-

ANGARKATA, PT-I, P.S- BAGRIBARI, DIST- DHUBRI, ASSAM VERSUS THE UNION OF INDIA and 4 ORS.

REPRESENTED BY THE SECRETARY OF THE MINISTRY OF HOME AFFAIRS, GOVT OF INDIA, NEW DELHI-1

2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6

3:THE DEPUTY COMMISSIONER DHUBRI DISTRICT- DHUBRI ASSAM

4:THE SUPERINTENDENT OF POLICE DHUBRI DISTRICT- DHUBRI ASSAM

5:THE OFFICER-IN-CHARGE OF BAGRIBARI POLICE STATION DIST- KOKRAJHARBTAD ASSA Advocate for the Petitioner : MR.M U MAHMUD, MR.A DAS,MRC KALITA,MR.M ALI,MR.S HOQUE,MR.S ISLAM Advocate for the Respondent : , ASSTT.S.G.I.,GA, ASSAM BEFORE HON’BLE MR. JUSTICE KALYAN RAI SURANA HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND Advocate for the Petitioner: Mr. Mr. M. U. Mahmud.

Advocate for the respondents: Mr. U. K. Goswami, CGC Mr. H. Kuli on behalf of Mr. A. I. Ali, SC, ECI Mr. G. Sarma, SC Mr. H. K. Hazarika, Jr. Govt. Advocate Date on which judgment is reserved : 23.10.2025 Date of pronouncement of Judgment : 20.01.2026 Whether the pronouncement is of the operative part of the judgment? :

Whether the full judgment has been pronounced? : Yes JUDGMENT AND ORDER (CAV)

(S.P.Khaund, J)

The petitioner Saleha Khatun is aggrieved by the impugned order dated 30.06.2016 passed by the learned Foreigners Tribunal No. 7 Dhubri, at th Bilasipara in F.T.7 Dhubri Case No. 155/BBR/15 (F.T. Case No. 359/BBR/11) (‘D’

Voter Case No. 1556/D/2007).

2. Vide the impugned order dated 30.06.2016 passed in F.T. 7th Dhubri Case No. 155/BBR/15, the petitioner has been declared to be a foreigner who entered India (Assam) on or after 25.03.1971. Upon receipt of notice, the petitioner appeared before the learned Foreigners Tribunal and duly contested the proceedings by filing her written statement. She also adduced oral evidence and exhibited documentary evidence in support of her written statement. In order to substantiate her case, the petitioner exhibited the following documents before the learned Tribunal.

1. Exhibit-1: Link Certificate dated 22.07.2015 along with Book Sl. No. 2544.

2. Exhibit-2: Certificate issued by the Headmaster of Puran Bijni Batinia M.E.

Madrassa in support of the petitioner’s linkage with her father.

3. Exhibit-3: Certificate issued in support of the petitioner’s residence at Bangaldoba Relief Camp.

4. Exhibit-4: Copy of the National Register of Citizens (NRC), 1951.

5. Exhibit-5: Copy of NRC details.

6. Exhibit-6: Certified copy of the voters list of 1966.

7. Exhibit-7: Photocopy of the voters list of 1959.

8. Exhibit-8: Certified copy of the voters list of 1970.

9. Exhibit-9: Sale Deed dated 20.03.1978.

10. Exhibit-10: Documents in the name of Bodiyot Jamal relating to his residence at the time of the Kokrajhar violence in the year 1993.

11. Exhibit-11: Name correction affidavits.

12. Exhibit-A: Certificate showing that the petitioner is the daughter of Md.

Khandakar Jamaal Uddin.

13. Exhibit-B: Kabin Nama.

4. The petitioner adduced her evidence and was duly cross-examined by the State. The other witnesses were examined as follows:

1. Prabin Brahma, 2. Habibur Rahman Khan, 3. Sri, Tarun Chandra Das, BDO, 4. Sri Abdul Rohman, GP Secretary, 5. Azizur Rahman Kazi, DW-5.

4. Ali Akbar Miah- DW6, President of Bangaldoba Relief Camp Committee.

5. Except DW-5 and DW-6, the other witnesses will be referred to by their names for convenience. It is pertinent to mention at this juncture that, after closure of the evidence, when the learned Tribunal dismissed the petitioner’s prayer to adduce additional evidence, the petitioner approached this Court by filing WP(C) No. 1800/2016. Vide order dated 16.03.2016, this Hon’ble Court allowed the said writ petition and permitted the petitioner to adduce additional evidence.

6. This Court set aside the order dated 16.02.2