JUDGEMENT
MANOJIT BHUYAN,J. -
(1.) Heard Mr. A.H. Alamgir, learned counsel for the petitioner as well as Ms. G. Hazarika, learned counsel representing respondent no.1. Ms. B. Das, learned counsel appears for respondent no.2
whereas Mr. A. Kalita, learned counsel appears for respondent nos.3, 5, 6 and 7. Ms. A. Verma,
learned counsel represents respondent no.4.
(2.) Petitioner assails opinion dated 29.05.2018 passed by the Foreigners' Tribunal, Nagaon Court No.7th at Lanka in F.T./L/Case No.878/2016, declaring her to be a foreigner, having illegally entered
into the territory of India (Assam) after 25.03.1971 without any valid documents.
(3.) For the purpose of discharging burden as required under section 9 of the Foreigners Act, 1946 to prove that she is not a foreigner, the petitioner projected one Abbas Ali as her father. In support of
her case as many as 13 (thirteen) documents were exhibited, the particulars of which may be noticed,
as under:
(i) Exhibit-1 - School Certificate dated 07.09.2017, issued by the Head Master of 1077 No. Kawaimari Muktab Bidyalaya in the name of the petitioner Rasida Begum.
(ii) Exhibit-2 - Voter List of 1970 in the name of Abbas Ali, son of Adi Morol, projected as the father of the petitioner, of village Bogoriguri, P.S. Rupahihat under 87 Rupahihat LAC.
(iii) Exhibit-3 - Voter List of 1989 in the name of Abbas Ali, son of Adimorol and Fuljan Nessa, wife of Abbas Ali projected as the father and mother of the petitioner, of village Bogoriguri, P.S. Juria under 85 Rupahihat LAC.
(iv) Exhibit-4 - Voter List of 1993 in the name of Abbas, son of Aa. Morol and Fuljan, wife of Abbas projected as the parents of the petitioner, of village Bogoriguri, P.S. Juria under 85 Rupahihat LAC.
(v) Exhibit-5 - Voter List of 1997 in the name of Abbas Ali, son of Adimorol and Phulbanu Khatun, wife of Abbas projected as the parents of the petitioner, of village Bogoriguri, P.S. Juria under 85 Rupahihat LAC.
(vi) Exhibit-6 - Voter List of 2005 in the name of Abbas Ali, son of Adimorol and Phulbanu Khatun, wife of Abbas Ali projected as the parents of the petitioner, of village Bogoriguri, P.S. Juria under 85 Rupahihat LAC.
(vii) Exhibit-7 - Voter List of 2013 in the name of Abbas Ali, son of Adimorol, projected as the father of the petitioner, of village Bogoriguri, P.S. Juria under 85 Rupahihat LAC.
(viii) Exhibit-8 - Voter List of 2017 in the name of Abbas Ali, son of Adimorol, projected as the father of the petitioner and other family members, of village Bogoriguri, P.S. Juria under 85 Rupahihat LAC.
(ix) Exhibit-9 - Jamabandi Copy in the name of Md. Abbas Ali, son of Adi Moral, projected as the father of the petitioner as a pattadar.
(x) Exhibit-10 - Certificate dated 07.03.2018, issued by the Government Gaonburah of Lat Gaon, Kadamoni Town certifying that the petitioner Rasida Begum, daughter of Abbas Ali is a resident of Bogoriguri.
(xi) Exhibit-11 - Certificate dated 12.06.2015, issued by the Secretary, Bogoriguri Gaon Panchayat certifying that Smt. Rasida Begum, daughter of Abbas Ali and Ful Banu of Bogoriguri village and Bogoriguri Gaon Panchayat under Rupahai Revenue Circle is a resident of the Bogoriguri village.
(xii) Exhibit-12 - Certificate dated 17.03.2018, issued by the Government Gaonburah certifying that Musstt. Rasida Begum, wife of Abdul Hamid is a resident of village Simlai Pathar.
(xiii) Exhibit-13 - Jamabandi Copy in the name of Musstt. Nabijan Bewa, Abbas Ali, son of Adi Morol and Md. Aa. Kuddus, son of Adi Morol, projected as the grandmother, father and uncle of the petitioner as pattadars. ;