AMENA KHATOON Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed assailing the legality and validity of the exparte Judgment and Order dated 24. 12. 2008, passed by the learned Foreigners' Tribunal (II), Barpeta, declaring the petitioner to be a foreigner (Bangladeshi national), entering into Assam after the cut off date i. e. 25. 3. 1971.

(2.) ACCORDING to the petitioner, she was not served with any notice from the Tribunal and thus the impugned exparte Judgment and Order is liable to be set aside and quashed. In paragraph 5 of the writ petition, it has been stated that the notice was issued by the Tribunal fixing the matter on 1. 12. 2006 but the same was not served on her. Further stand is that the notice was re-issued fixing the case on 31. 7. 2007 but on that occasion also, notice could not be served on her. However, inspite of such a position, the Tribunal passed the impugned Judgment and Order dated 24. 12. 2008. Hence, this writ petition.

(3.) IN paragraph 4 of the writ petition, it has been stated that her father's name Gaj Nabi, who is an Indian citizen, by birth, appeared in the Electoral Roll of 1997. The petitioner has also named her grandfather as Late Mafiz Uddin, as an Indian citizen and that his name appeared in the Electoral Roll of 1966-1970. In support of her such claim, the petitioner has annexed the Annexures -'a', 'b' and 'c' photocopies (extracts only) of the Voter Lists of 1966, 1970 and 1997, showing names of Mafiz Uddin and Gaj Nabi respectively. However, there is no document including any Voter List indicating the name of the petitioner except the notice from the Tribunal.