Rezia Begum @ Khatun vs Union Of India And 4 Ors

AM Bujor Barua, J

Heard Mr. B.C Das, learned counsel for the petitioner, Mr. A Ali, learned counsel for the Election Commission of India, Mr. A. Kalita, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border matters, Ms. U. Das, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

On being referred by the Superintendent of Police (Border), Nalbari vide SP Reference No.695/2000, Ft(Nal) Case No.(N) 4270/2006 was registered before the Foreigners Tribunal, No.1, Nalbari and the reference made was that the petitioner is a foreigner, who had entered India subsequent to 25.03.1971.

Before the Tribunal, the petitioner submitted her written statement and took the stand that the name of her father is Nur Mamud Seikh alias Rumejuddin, whose name appears in the voters list of 1966 pertaining to village Moiramara at Sl No.796, House No.212 Part-10. We have perused the voters list of 1966 of village Moiramara and it could be seen that it contains the name of Nur Mamud Sheikh son of Sona Ullah age 47 at Sl No.796, House No.212 of village Mairamara Part-1. The said voters list also contains the name of Hajera Khatun, wife of Nur Mamud at Sl No.797, whose age is shown to be 40 years. The petitioner relies upon a certificate dated 06.09.2016 of the Gaonbura of Mairamara village to substantiate that she is the daughter of Nur Mamud Sheikh of village Mairamara.

On a question being put as to whether the Gaonbura was examined in order to authenticate the contents of the certificate dated 06.09.2016, it is stated that the Gaonbura in question was not examined. As the person certifying the certificate was not examined, we are unable to accept the evidentiary value of the certificate in question to be relied upon to conclude that the father of the petitioner is Nur Mamud Sheikh of village Mairamara.

The petitioner also relies upon another certificate dated 12.09.2016 of the Gaonbura of another village namely Sariahtali to substantiate that she is the wife of Md. Nur Islam of Sariahtali village. The concerned Gaonbura of Sariahtali village had not been examined and secondly this certificate certifies that Md. Nur Islam is the husband of the petitioner, which does not in any manner helps the petitioner to establish her linkage with Nur Mamud Sheikh, whose name appears in the voters list of 1966.

The petitioner makes a deposition on oath wherein it is stated that the name of her father is late Nur Mahmud Sheikh @ Nur Mamud Ali and the name of her mother is late Rupjan Nessa. Without going into the question whether the father of the petitioner is Nur Mamud Sheikh or Nur Mamud Ali or whether they are one and the same person, we take note of that as per her deposition the name of the mother is late Rupjan Nessa. But when we look in the voters list of 1966, we notice that wife of Nur Mamud Sheikh is Hajera Khatun and not Rupjan Nessa.

From the said point of view also, we are unable to accept the linkage of the petitioner with Nur Mamud Sheikh, whose name appears in the voters list of 1966. The Tribunal in its order dated 26.10.2016 while examining the other evidence being led by the petitioner, arrived at a conclusion that the petitioner had failed to produce any valid documents to prove that the name of her father is Nur Mamud Sheikh.

In view of the conclusion arrived hereinabove, we are of the view that we do not notice any infirmity in the order of the Tribunal dated 26.10.2016 and accordingly we find that the writ petition is devoid of any merit and the same stands dismissed. However, no order as to cost.

Send back the LCR immediately.