DAYA BEGUM Vs. UNION OF INDIA
LAWS(GAU)-2019-12-9
HIGH COURT OF GAUHATI (FROM: AGARTALA)
Decided on December 05,2019

Daya Begum Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

MANOJIT BHUYAN,J. - (1.)Heard Mr. A.R. Sikdar, learned counsel for the petitioner as well as Ms. G. Hazarika, learned counsel representing respondent no.1. Also heard Mr. J. Payeng, learned counsel for respondent nos.2, 3 and 4; Ms. B. Das, learned counsel for respondent no.5 and Ms. A. Verma, learned counsel for respondent no.6.
(2.)Petitioner assails opinion dated 17.10.2017 passed by the Foreigners' Tribunal-II, Karimganj, Assam in F.T. Case No.59/2017, declaring her to be a foreigner, having illegally entered into India from Bangladesh on or after 25.03.1971.
(3.)For the purpose of discharging burden as required under section 9 of the Foreigners Act, 1946 to prove that petitioner is not a foreigner, as many as 12 (twelve) documents were exhibited by her, the particulars of which may be noticed, as under :
(i) Exhibit-I - Certified copy of Voter List of 1966, in the name of one Sajid Ali, projected as great grandfather of the petitioner of village Bhatgram, Part No. 14, P.S. Karimganj, district- Cachar, under 7 No. South Karimganj (SC) LAC.

(ii) Exhibit-II - Certified copy of Voter List of 1966, in the name of one Forman Ali, projected as grandfather of the petitioner and one Sobai Bibi, projected as grandmother of the petitioner of village Bhatgram, Part No. 14, P.S. Karimganj, district- Cachar, under 7 No. South Karimganj (SC) LAC.

(iii) Exhibit-III - Certified copy of Voter List of 1970, in the name of one Forman Ali, projected as grandfather of the petitioner and one Sobai Bibi, projected as grandmother of the petitioner of village Bhatgram, Part No. 14, P.S. Karimganj, district- Cachar, under 7 No. South Karimganj (SC) LAC.

(iv) Exhibit-IV - Certified copy of Voter List of 1985, in the name of one Machaddar Ali, projected as father of the petitioner and one Akban Bibi, projected as mother of the petitioner of village Bhatgram, Part No. 109, P.S. Karimganj, district- Karimganj, under 3 North Karimganj LAC.

(v) Exhibit-V - Certified copy of Voter List of 1989, in the name of one Machaddar Ali, projected as father of the petitioner and one Abjan Bibi, projected as mother of the petitioner of village Bhatgram, Part No. 121, P.S. Karimganj, district- Karimganj, under 3 North Karimganj LAC.

vi) Exhibit-VI - Certified copy of Voter List of 1993, in the name of one Machaddar Ali, projected as father of the petitioner and one Abjan Bibi, projected as mother of the petitioner of village Bhatgram, Part No. 121, P.S. Karimganj, district- Karimganj, under 3 North Karimganj LAC.

vii) Exhibit-VII- Certified copy of Voter List of 2005, in the name of one Machaddar Ali, projected as father of the petitioner and one Afjan Bibi, projected as mother of the petitioner of village Bhatgram, Part No. 145, P.S. Karimganj, district- Karimganj, under 3 North Karimganj LAC.

viii) Exhibit-VIII- Certified copy of Voter List of 2011, in the name of one Machaddar Ali, projected as father of the petitioner and one Afjan Bibi, projected as mother of the petitioner along with others of village Bhatgram, Part No. 168, P.S. Karimganj, district- Karimganj, under 3 North Karimganj LAC.

ix) Exhibit-IX- Certified copy of Voter List of 2016, in the name of one Machaddar Ali, projected as father of the petitioner and one Afjan Bibi, projected as mother of the petitioner along with others of village Bhatgram, Part No. 171, P.S. Karimganj, district- Karimganj, under 3 North Karimganj LAC.

x) Exhibit-X - Certificate issued by the Headmaster of Indira Memorial Girls' High School certifying that petitioner daughter of Masaddar Ali of Bhatgram was a student of the period 04.02.1987 to 31.12.1988.

xi) Exhibit-XI - Marriage Jamanat Nama dated 12.01.1990 in the name of the petitioner.

xii) Exhibit-XIII - Certified copy of Voter List of 1997, in the name of the petitioner along with her projected husband Tosir Uddin of village Islambasti, P.S. Patharkanti, Part No.111, district- Karimganj, under 4 South Karimganj LAC.

Petitioner examined herself as OPW-1. One Machaddar Ali, projected as father of the petitioner, deposed as OPW-2 and one Abdul Gafur deposed as OPW-3.



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