JUDGMENT & ORDER (CAV)

(Pranjal Das, J)

1. Heard Shri S.A. Ahmed, learned counsel for the petitioner. Also heard Shri J. Payeng, learned Standing Counsel, Home Department; Shri G. Sarma, learned Standing Counsel for the NRC; Ms. S. Katakey, learned Standing Counsel, E.C.I; Shri P. Sarma, learned State Counsel and Shri S.S. Roy, learned CGC.

2. The petitioner, namely, Jahera Begum has invoked the provisions of Article 226 of the Constitution of India in filing this writ petition, aggrieved by the Judgment and Opinion dated 26.02.2024, passed by the learned Member, Foreigners Tribunal, Jorhat, in Case No.FTG/1764/2011, (arising out of Police Enquiry No. 259/2010) - whereby the learned Tribunal returned an opinion against the petitioner by holding that she was unable to discharge the burden under Section 9 of the Foreigners Act, 1946 and that she was an illegal migrant who had entered India on or after 25.03.1971 from the specified territory of Bangladesh without any valid documents.

3. The facts in brief may be noticed here under:-

4. A reference was made by the Superintendent of Police Border, Golaghat, under the Foreigners Act, 1946, vide Police Enquiry No. 259/2010 expressing doub