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Saleya-Bibi-FT-Order-8-2-2024.pdf;[pwsp[-

The document details a case involving Mustt. Saleya Bibi, who is suspected of being an illegal migrant from Bangladesh and was required to prove her Indian citizenship. The case spans multiple years and references her claims of Indian citizenship based on familial connections, electoral rolls, and various identity documents she submitted as evidence. Ultimately, it discusses the evidentiary materials presented by both parties to determine her legal status as a citizen or foreigner.

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Date oflapplication for the copy. GAEA OHUP ONE RUPEE "SSAM: Sd/. Member. Date fxèed for notifylng the requlsito number of stamps and follos, Foreigners' Tribunal (10t State of Assam -Versus Case No. FT-10/AGM/2141/2020. E.I. Case No. 8106/GKJ/11(old). {Reference: IM(D)T CaseNo. 1014/02}. Musstt. Saleya Bibi Wife of Majam Ali Village:-Ramraikuti Part-l Date of Order Appearance: Date of dellyery of the requlsite stamps and follos. Police station:-Agomani (earlier Golakganj) Dist:-Dhubri (Assam) For the opposite party ORDER 08/02/2024 BEFORE THE MEMBER, FOREIGNERS TRIBUNAL-10" DHUBRI Dato on which the .copy Was roady for dellvory. :08/02/2024. For the Referral Authority: Ms. Sangita Koeri, Asstt.Govt. Pleader. :Mr. Iskandar Azad, Referral Authority Opposite Party Mr. R. Chakraborty, Advocates. PRESENT: Rafiqul Islam, Member Date of maklng over the copy to the appllcant OFFICEO OHUBR. 49SA 1) The instant reference was originally made in the year 2003 under the provisions of the Illegal Migrants (Determination by Tribunals) Act, 1983 by the Superintendent of Police (B), Dhubri against the opposite party Musstt. Saleya Bibi, Wifeof Majam Ali, Village:-Ramraikuti Part-I, Police station:-Golakganj (now Agomoni), Dist:-Dhubri(Assam) suspecting her to be an illegalmigrant. Initially the reference was made to the IM(D)T, Dhubri in the year 2004 and subsequently, said reference was transferred tothe Foreigners TribunalNo.2, Dhubrito answer the reference as per the provisions of the Foreigners Act, 1946, the Rules framed there under and the procedure prescribed under the Foreigners (Tribunals)Order, 1964, as amended in View of the judgment of the Hon'ble Apex Court as reported in 2005(5) SCC 665. Again, upon constitution of this additional Foreigners Tribunal, the reference was transferred to this Tribunal for disposal. AN Contd...P/2
OHUBR ASSAM GNERs SAM)X Sdi 2) The reference is that the opposite party illegally entered into India from Village:-Kachakata, P.S-Nageswari, Dist:-Rangpur, Country:-Bangladesh f 25/03/1971for livelihood without any valid document through Jhowkuti border ofWex. Bengal and has been residing at Village:-Ramraikuti Part-l, P.S:-Golakgani with ber husband and during enquiry,the opposite party could not produce any documentany evidence in support of her Indian citizenship, though she claimed to be an Indian Citizen. As the nationality of the opposite party could not be ascertained bythe competent authority and she was suspected to be an illegal migrant, the reference was made accordingly. 3) Notice issued to the opposite party was duly served and on receipt of the notice, the opposite party entered appearanceand filed written statement along with certain documents claiming to be an Indian citizen by birth and denying the allegations brought against her. Page-2 4) Opposite party filed written statement inter-alia stating that she is a citizen of India by birth. She was born on g/o1/1967 at Village:-Jhaskal Part-lIl, Police station:-Agomoni, District:-Dhubri (Assam). Her father and grandfather were also citizens of India by birth and they were residents of Village:-Jhaskal Part-lI, Police station:-Agomoni, District:-Dhubri(Assam) and they had voting rights and immovable properties thereon since before 1951. Her grandfather's name is Fashu Sk. @Fashu Ali $k. @Kamu Sk.,grandmother's name is Sabiron Bewa @Saburon Bewa, father's name Sabed Ali(@ Sabed Ali Sk. and mother's name is Joynob Bibi. She has altogether 5 five) brothers andsisters including herself viz, i) Saleya Bibi(opposite party), i) Johirul Sk.,i)Sami Bibi, iv) Sayera Bibiand v) Solema Bibi. She got married to one Mojam Sheikh, S/o-Late Bhutu Sheikh of Village:-Ramraikuti Part-l, P.O:Satrasal, P.S:Agomani, Sub-Division-Dhubri (Assam) and during their conjugal life 2(two) children were born out of their wed-lock viz, 1) Momota Khatun and Saidul Hoque. Her grandfather's name alongwith the names of her grandmother, uncle and father were recorded in the NRG 1951at Village:-Jhaskal. Her grandparents' names alongwith the names of her uncle and Ifather were entered in the voter list of 1966 at Village:-Jhaskal Part-ll, her lgrandparents'names entered in the voter lists of 1970 and 1979 at Village:-Jhaskal Part Mlalongwith her parents anduncle. Her grandmother's name alongwith the names of her uncle and parents were entered in the voter list of 1985 at Village:-Jhaskal Part-ll and her father's name was entered in the voter list of 1993 at Village:-Jhaskal Part-lland her father was a regular voter. After her marriage, her name has been entered in the voter lists of 1985, 1989, 1997, 2010 and 2022 at Village:-Ramraikuti Part-l with her husband and other family members and she is a regular voter. NAember, Foreignes' Tribunal (10th) CAUERI. Contd....PI3
GNERSTRIBU OFFICE OR NINAl S d i 5) Now, the main point for determination in the reference is whether ha opposite party is aforeigner within the meaning of the expression foreigner'as defined in the Foreigners Act, 1946? 6) Opposite party examined herself as DVW4, brother ofthe opposite party as D.W-2 and the official witness as D.W-3 andexhibited some documents in support of her claim. None was examined for the Referral Authority. 7) Heard the arguments advanced on behalf of the partíes. I have gone through the materials on record as submitted by the Referral Authority at the time of making the reference and the written statement as well as the oral and documentary evidence of the opposite party. q0 ONE RäPLE Page-3 8) Opposite party as DW-1filed evidence-in-chief on affidavit stating more or less the same thing as narrated in the written statement and exhibited certain documents in support of her Indian citizenship and opposite partywas subjected to cross examination. Opposite party exhibited the following documents in supportofher Indian citizenship: M e m b e r , T i b u n a l ( 1 0 t h 1) Certified copy of voter list of 1966 of Sabed AliSheikh under 35 No. GolakganjLegislative Assembly Constituency at Village:-Jhaskal Part-ll as Ext:A. 2) Certified copy of voter list of 1970 of Fashu Ali Sheikh, Sobron Bibi, Ketu Sheikh, Sabed Ali Sheikh and Joynob Bibi under 35 No. Golakganj LegislativeAssembly Constituency at Village:-Jhaskal Part-Illas Ext:B. 3) Certified copy of voter list of 1979 of KamuSheikh, Sabiran Bibi, Sabed Ali, Joynab Bibi, Saydar Ali, Ambiya Bibi, Ayjan Bewa, Ketu Sheikh and Komiran Bibiunder25 No. GolakganjLegislativeAssembly Constituencyat Village:-Jhaskal Part-lIl as as Ext:C. 4) Copy of Elector Photo ldentity Card No. GJF1475076 in the name ofSabed Alias Ext:D (Proved in original). 5) Copy of PAN Card No. DBIPA2201P in the name of Sabed Ali as Ext:E (Proved in original). 6) Copy of AADHAR Card No. 652966449108 in the name of Sabed Alias Ext:F (Proved in original). 7) Certified copy of voter list of 1g85 of Bhutu Sheikh, Mojammel Hoque, Saleya Bibi, Abdul Sader, Malina Bibi and Mamina Bibi under 25 No. Golakganj Legislatiye Assembly Constituency at Village:-Ramraikuti as Ext:G Contd...Pl4
Al W il ol S 9) Sd/ Member Foreigners'Tribunal(10th} DHUBRI. Page-4 8) Certified copy of voter list of 1989 of Bhutu Sheikh, Mojammel Hoque, Saleya Bibi, Abdul Sader, Malina Bibi and Mamina Bibí under 25 No. GolakganË Legislative Assembly Constituency at Village:-Ramraikuti ae Ext:G ) Certified copy of voter list of 1985 of MojamSk. and Saleya Bibiunder 2s No. Golakganj Legislative Assembly Constituency at Village:-Ramraikuti Part-I as Ext:H 10)Certified copy of voter list of 1989of Mojam Sk. and Saleya Bibí under 25 No. Golakganj Legislative Assembly Constituency at Village:-Ramraikuti Part-I as Ext:l 11) Certifiedcopy of voter list of 2010 of Mojam Sk.,Saleya Bibi and Saidul Hoque under 25 No. Golakganj Legislative Assembly Constituency at Village:-Ramraikuti Part-Ias Ext:J 12) Certified copy of voter list of 2010 of Mojam Sk, Saleya Bibi and Saidul Hoque under 25 No. Golakganj Legislative Assembly Constituency at Village:-Ramraikuti Part-las Ext:K 13)Copy of Elector Photo Identity Card No. GJF1105313 in the name of opposite party:ás Ext:L (Provedin original). 14) Copy of PAN.Card No. GQPPB1664E inthe name of opposite party as Ext:M (Proved in original). 15) Copy of AADHAR Card No. 883799284856 in the name of Saleya Bibi as Ext:N (Proved in original). 16) Copy of linkage certificate dated og/ozl2015 issued by the Secretary, Satrasal Gaon Panchayat in the name of opposite party as Ext:0 (Proved inoriginal). 17)Copy of Bank Passbook of Assam Gramin Vikash Bank vide A/C No. 7152026004713 in the name of opposite party as Ext:P (Proved in original). 18) Copy of e-SHRAM Card No. 710547196287 in the name ofopposite party as Ext:Q. DW-2, Jahirul Hoque, brother of the opposite party, filed evidencein-chief on affidavit and in his evidence-in-chief he supported the evidence of DW-1 and deposed almost the same thing as deposed by the opposite party and exhibited his Elector Photo ldentity Card vide No. GJF1475098 as Ext:R, PAN card No. BFWPHO798L as Ext:S and a certified coDyof voter list of 2021 in his name with hisfather at Village: JhaskalPart-Ill as Ext:T. In her cross-examination, he deposed that he is the only son of his parents and opposite party is his elder sister and opposite party got married to Mojam sk. of Village:-Ramraikuti Part-l and opposite party still residing at Villages Ramraikuti Part- with her husband. Contd....P/5
ASSAN AGA OHUP 10) D.W-3 deposed that he is the Secretary of Satrasal Gaon Panchayat and he has been working in the said Panchayat since 14/08/2023 on being transferredfrom Page-s AolataliGaon Panchayat under Lakhipur Development Block. He deposed that Fxto certificate was issued by the earlier Secretary of Satrasal Gaon Panchavat on og/ozl2o15 in the name of Saleya Bibi, D/o- Sabed Aliof Village:-Jhaskal part-1ll and produced the counterpart of the certificate and the original application submitted by Sabeya Bibiand exhibited the copy of application submitted by Sabeya Bibi as Ext:0 (i). Incross examination, he deposed that he had not issued the Ext:0 certificate. He admitted that the certificate was issued by the earlier Secretary of Satrasal Gaon Panchayat and that nothing is available to show that the certificate was issued after due verification. 11) Now let us appreciate the evidence of DWs including the documents exhibited in the case to determine the nationality status of the opposite party. It appears from Ext:A certified copy of voter list that the name of Sabed Ali Sheikh, whomthe opposite party has claimed to be her father, was entered in the voter list of 1966 under 35 No. Golakganj Legislative Assembly Constituency at Village:-Jhaskal Part IlI. From Ext:B and Ext:Ccertified copies of voter lists it appears that the names of Sabed AliSheikh and Joynob Bibi, whom the opposite party has claimed to be her parents, were entered in the voter lists of 1970 and 1985 under 35/25 No. Golakganj Legislative Assembly Constituency at Village:-Jhaskal Pat-lll. Ext:D, Ext:E and Ext:F are the Elector Photoldentity Card, PANCard and AADHARCard in the name of Sabed Ali, whom the opposite party has claimed to be her father. It is the case of opposite party that she got married to one Mojam Sheikh, S/o-Late Bhutu Sheikh of Village: Ramraikuti Part-l, P.O:-Satrasal, P.S:-Agomani, Sub-Division:-Dhubri (Assam) and still residing at her matrimonial house and her name has been entered in the voter lists at Village:-RamraikutiPart-I with her husband since the time of her marriage. It appears from Ext:G certified copy of voter list that her name was entered in the voter list of 1985 with BhutuSheikh andMojammel Hoque, whom the opposite party has claimed to be her father-in-lawand husband respectively, at Village:-Ramraikuti under 25 No. Golakganj Legislative Assembly Constituency. It is the case of the opposite party that her husband's name is Mojam Sk. but in the voter list of 1985 her husband's name was recorded as Mojammel Hoque. It appears from Ext:h, Ext:l, Ext:Jand Ext:K certified copies of voter lists that the name of opposite party has been entered in the voter lists of 1989, 1997, 2010 and 2022 at Village:-Ramraikuti Part-l under 25 No No. Golakganj Legislative Assembly Constituency with her husband Mojam Sk. Ext:L, Ext:M and Ext:N are the Elector Photoldentity Card, PAN Card and AADHAR Card of the opposite party. It appears from Ext:L that though the reference was instituted in the year 2003 Elector Sd/ Member, Foreigners' Tribunal (10th) DHUBR. Contd....P/6 Photo Identity cardwas issued in her name in the year 2013 being the voter of Village:
4 f BRERONER OHURR ASSAN OUB Page-6 Ramraikuti Part-I under 25 No. Golakganj Legislative Assembly Constituency, From Ext:O certificate issued bythe Secretary ot Satrasal Gaon Panchayat it appears that the name of father of opposite party is Sabed All of Village:-JhaskalPart-l. It appears frorm the certificate (Ext:0) that opposite part got married to Mojam Sk. of Villager. RamraikutiPart-l, P.S:-Agomoni, Dist:-Dhubrl. To prove Ext:0 certificate opposite party examined DW-3, who in his evidence deposed that that Ext:O certificate was issued by the earlier Secretary of the Panchayat in the name of Saleya Bibi,D/o- Sabed Allof Village:Jhaskalpart-Ililand produced the counterpart ofthe certificate and the original applicationsubmitted by SabeyaBibi and exhibited the copy of application submitted by Sabeya Bibias Ext:o (1). Ext:0 is therefore proved and accepted to be a linkage document. Ext:P bank pass book and Ext:Q e-sHRAM card of opposite party have no evidentiary value in absence of proof. DW-2brother of opposite party, in his evidence, has supported and corroborated the evidence of DW-1, the opposite party. DW.2 exhibited his Elector Photo ldentity Card vide No. GJF1475098 as Ext:R, PAN card No. BFWPHo798L as Ext:S and a certified copy of voter list of 2021 in his name with his father at Village:-Jhaskal Part-lllas Ext:T and therefore there is no reason to disbelieve the testimony of DW-2. In order to prove Ext:A, Ext:B, Ext:C, Ext:G, Ext:H, Ext:l, Ext:J, Ext:K and Ext:T, on the prayer of the opposite party summon was issued to the Election Officer, Dhubri andon receipt of summon the Election Officer, Dhubri vide his letter dated 1o/01/2024 had submitted authenticated report regarding issuance of the respective certified copies of voter lists from their end. Therefore the exhibited certified copies of voter lists are acceptedto be genuine and secondary evidence. From the evidenceon record and finding no rebuttal evidence, there is no jeason to disbelieve the testimony of the opposite party and documents exhibited by theopposite party in support of her testimony. Since the name of the father of the opposite party was entered in the voter list of 1966 (Ext:A) at Village-Jhaskal Part-lll, names of parents of opposite party were entered in the voter lists of 1970 and 1979 at Village:-Jhaskal Part-ll,name of father of opposite party was entered in the voter list of 2021 at Village:-Jhaskal Part-lll and was residing at Village:-Jhaskal Part-lIl since before o1/01/1966,the evidence of the oppositeparty are sufficient enough to prove that the father of the opposite party was a citizen of India. As the father of the opposite party was residing in India (Assam) since before o1/01/1966 and the opposite party was born to Indian parents in Indian soil, being the descendant of citizens of India, theopposite party is a citizen of India. Moreover, though the instant reference was registered in the year 2003, the name of opposite party has been entered in the voter listsat Village:-Ramraikuti/Ramraikui Part-lsince the year 1985 to till date and has been regularly casting her vote and Elector Photo Identity Card No. GJF11o5313 was issued in the year 2013 in the name of the opposite party being the voter of Sd/ Member, Foreigners'Tribunal(10h) DHUSRI. Contd....Plz
FuRENERS OHUgF ONE RUP Village:-RamraikutiPart-l. The linkage of the opposite party with her father has been established from Ext:0 and the evidence of DW-2 and therefore the opposite party cannot be termed as aforeigner/illegal migrant as suspected by the referralauthority. 13) For the aforesaid reasons and discussions, the evidence and documents examined by opposite party in support of the case are found to be sufficient and trustworthy to prove that theoppositeparty is not aforeigner/illegalmigrant. 14) Considering the entire materials on record andthe disCussions above, Iam of the considered opinion that the opposite party Musstt. Saleya Bibi, Wife of Majam Ali, Village:-Ramraikuti Part-l, Police station:Golakganj(now Agomoni), Dist-Dhubri (Assam) is not foreigner. 15) Page-7 Copid By The reference is answered in negative. 16) Intimate the Superintendent of Police (Border), Dhubri, the District eopyist Foreigners' Tribunal(10) DHUBRI. Compared By Typisi Foreigners'' Tribunal(10) DHUBRI. Sdi Member, Foreiners' Tribunal (10) DHUBRI. Certified to be true copy U.DA -Cum-Accountant, Foreigners' Tribunal (igth) ubri. Authorised under St::n 76of Act-1 of i872 Magistrate, Dhubri andthe Election Officer, Dhubri along with acopy of the order.

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Saleya-Bibi-FT-Order-8-2-2024.pdf;[pwsp[-

  • 1.
    Date oflapplication for thecopy. GAEA OHUP ONE RUPEE "SSAM: Sd/. Member. Date fxèed for notifylng the requlsito number of stamps and follos, Foreigners' Tribunal (10t State of Assam -Versus Case No. FT-10/AGM/2141/2020. E.I. Case No. 8106/GKJ/11(old). {Reference: IM(D)T CaseNo. 1014/02}. Musstt. Saleya Bibi Wife of Majam Ali Village:-Ramraikuti Part-l Date of Order Appearance: Date of dellyery of the requlsite stamps and follos. Police station:-Agomani (earlier Golakganj) Dist:-Dhubri (Assam) For the opposite party ORDER 08/02/2024 BEFORE THE MEMBER, FOREIGNERS TRIBUNAL-10" DHUBRI Dato on which the .copy Was roady for dellvory. :08/02/2024. For the Referral Authority: Ms. Sangita Koeri, Asstt.Govt. Pleader. :Mr. Iskandar Azad, Referral Authority Opposite Party Mr. R. Chakraborty, Advocates. PRESENT: Rafiqul Islam, Member Date of maklng over the copy to the appllcant OFFICEO OHUBR. 49SA 1) The instant reference was originally made in the year 2003 under the provisions of the Illegal Migrants (Determination by Tribunals) Act, 1983 by the Superintendent of Police (B), Dhubri against the opposite party Musstt. Saleya Bibi, Wifeof Majam Ali, Village:-Ramraikuti Part-I, Police station:-Golakganj (now Agomoni), Dist:-Dhubri(Assam) suspecting her to be an illegalmigrant. Initially the reference was made to the IM(D)T, Dhubri in the year 2004 and subsequently, said reference was transferred tothe Foreigners TribunalNo.2, Dhubrito answer the reference as per the provisions of the Foreigners Act, 1946, the Rules framed there under and the procedure prescribed under the Foreigners (Tribunals)Order, 1964, as amended in View of the judgment of the Hon'ble Apex Court as reported in 2005(5) SCC 665. Again, upon constitution of this additional Foreigners Tribunal, the reference was transferred to this Tribunal for disposal. AN Contd...P/2
  • 2.
    OHUBR ASSAM GNERs SAM)X Sdi 2) Thereference is that the opposite party illegally entered into India from Village:-Kachakata, P.S-Nageswari, Dist:-Rangpur, Country:-Bangladesh f 25/03/1971for livelihood without any valid document through Jhowkuti border ofWex. Bengal and has been residing at Village:-Ramraikuti Part-l, P.S:-Golakgani with ber husband and during enquiry,the opposite party could not produce any documentany evidence in support of her Indian citizenship, though she claimed to be an Indian Citizen. As the nationality of the opposite party could not be ascertained bythe competent authority and she was suspected to be an illegal migrant, the reference was made accordingly. 3) Notice issued to the opposite party was duly served and on receipt of the notice, the opposite party entered appearanceand filed written statement along with certain documents claiming to be an Indian citizen by birth and denying the allegations brought against her. Page-2 4) Opposite party filed written statement inter-alia stating that she is a citizen of India by birth. She was born on g/o1/1967 at Village:-Jhaskal Part-lIl, Police station:-Agomoni, District:-Dhubri (Assam). Her father and grandfather were also citizens of India by birth and they were residents of Village:-Jhaskal Part-lI, Police station:-Agomoni, District:-Dhubri(Assam) and they had voting rights and immovable properties thereon since before 1951. Her grandfather's name is Fashu Sk. @Fashu Ali $k. @Kamu Sk.,grandmother's name is Sabiron Bewa @Saburon Bewa, father's name Sabed Ali(@ Sabed Ali Sk. and mother's name is Joynob Bibi. She has altogether 5 five) brothers andsisters including herself viz, i) Saleya Bibi(opposite party), i) Johirul Sk.,i)Sami Bibi, iv) Sayera Bibiand v) Solema Bibi. She got married to one Mojam Sheikh, S/o-Late Bhutu Sheikh of Village:-Ramraikuti Part-l, P.O:Satrasal, P.S:Agomani, Sub-Division-Dhubri (Assam) and during their conjugal life 2(two) children were born out of their wed-lock viz, 1) Momota Khatun and Saidul Hoque. Her grandfather's name alongwith the names of her grandmother, uncle and father were recorded in the NRG 1951at Village:-Jhaskal. Her grandparents' names alongwith the names of her uncle and Ifather were entered in the voter list of 1966 at Village:-Jhaskal Part-ll, her lgrandparents'names entered in the voter lists of 1970 and 1979 at Village:-Jhaskal Part Mlalongwith her parents anduncle. Her grandmother's name alongwith the names of her uncle and parents were entered in the voter list of 1985 at Village:-Jhaskal Part-ll and her father's name was entered in the voter list of 1993 at Village:-Jhaskal Part-lland her father was a regular voter. After her marriage, her name has been entered in the voter lists of 1985, 1989, 1997, 2010 and 2022 at Village:-Ramraikuti Part-l with her husband and other family members and she is a regular voter. NAember, Foreignes' Tribunal (10th) CAUERI. Contd....PI3
  • 3.
    GNERSTRIBU OFFICE OR NINAl S d i 5)Now, the main point for determination in the reference is whether ha opposite party is aforeigner within the meaning of the expression foreigner'as defined in the Foreigners Act, 1946? 6) Opposite party examined herself as DVW4, brother ofthe opposite party as D.W-2 and the official witness as D.W-3 andexhibited some documents in support of her claim. None was examined for the Referral Authority. 7) Heard the arguments advanced on behalf of the partíes. I have gone through the materials on record as submitted by the Referral Authority at the time of making the reference and the written statement as well as the oral and documentary evidence of the opposite party. q0 ONE RäPLE Page-3 8) Opposite party as DW-1filed evidence-in-chief on affidavit stating more or less the same thing as narrated in the written statement and exhibited certain documents in support of her Indian citizenship and opposite partywas subjected to cross examination. Opposite party exhibited the following documents in supportofher Indian citizenship: M e m b e r , T i b u n a l ( 1 0 t h 1) Certified copy of voter list of 1966 of Sabed AliSheikh under 35 No. GolakganjLegislative Assembly Constituency at Village:-Jhaskal Part-ll as Ext:A. 2) Certified copy of voter list of 1970 of Fashu Ali Sheikh, Sobron Bibi, Ketu Sheikh, Sabed Ali Sheikh and Joynob Bibi under 35 No. Golakganj LegislativeAssembly Constituency at Village:-Jhaskal Part-Illas Ext:B. 3) Certified copy of voter list of 1979 of KamuSheikh, Sabiran Bibi, Sabed Ali, Joynab Bibi, Saydar Ali, Ambiya Bibi, Ayjan Bewa, Ketu Sheikh and Komiran Bibiunder25 No. GolakganjLegislativeAssembly Constituencyat Village:-Jhaskal Part-lIl as as Ext:C. 4) Copy of Elector Photo ldentity Card No. GJF1475076 in the name ofSabed Alias Ext:D (Proved in original). 5) Copy of PAN Card No. DBIPA2201P in the name of Sabed Ali as Ext:E (Proved in original). 6) Copy of AADHAR Card No. 652966449108 in the name of Sabed Alias Ext:F (Proved in original). 7) Certified copy of voter list of 1g85 of Bhutu Sheikh, Mojammel Hoque, Saleya Bibi, Abdul Sader, Malina Bibi and Mamina Bibi under 25 No. Golakganj Legislatiye Assembly Constituency at Village:-Ramraikuti as Ext:G Contd...Pl4
  • 4.
    Al W il ol S 9) Sd/ Member Foreigners'Tribunal(10th} DHUBRI. Page-4 8) Certified copyof voter list of 1989 of Bhutu Sheikh, Mojammel Hoque, Saleya Bibi, Abdul Sader, Malina Bibi and Mamina Bibí under 25 No. GolakganË Legislative Assembly Constituency at Village:-Ramraikuti ae Ext:G ) Certified copy of voter list of 1985 of MojamSk. and Saleya Bibiunder 2s No. Golakganj Legislative Assembly Constituency at Village:-Ramraikuti Part-I as Ext:H 10)Certified copy of voter list of 1989of Mojam Sk. and Saleya Bibí under 25 No. Golakganj Legislative Assembly Constituency at Village:-Ramraikuti Part-I as Ext:l 11) Certifiedcopy of voter list of 2010 of Mojam Sk.,Saleya Bibi and Saidul Hoque under 25 No. Golakganj Legislative Assembly Constituency at Village:-Ramraikuti Part-Ias Ext:J 12) Certified copy of voter list of 2010 of Mojam Sk, Saleya Bibi and Saidul Hoque under 25 No. Golakganj Legislative Assembly Constituency at Village:-Ramraikuti Part-las Ext:K 13)Copy of Elector Photo Identity Card No. GJF1105313 in the name of opposite party:ás Ext:L (Provedin original). 14) Copy of PAN.Card No. GQPPB1664E inthe name of opposite party as Ext:M (Proved in original). 15) Copy of AADHAR Card No. 883799284856 in the name of Saleya Bibi as Ext:N (Proved in original). 16) Copy of linkage certificate dated og/ozl2015 issued by the Secretary, Satrasal Gaon Panchayat in the name of opposite party as Ext:0 (Proved inoriginal). 17)Copy of Bank Passbook of Assam Gramin Vikash Bank vide A/C No. 7152026004713 in the name of opposite party as Ext:P (Proved in original). 18) Copy of e-SHRAM Card No. 710547196287 in the name ofopposite party as Ext:Q. DW-2, Jahirul Hoque, brother of the opposite party, filed evidencein-chief on affidavit and in his evidence-in-chief he supported the evidence of DW-1 and deposed almost the same thing as deposed by the opposite party and exhibited his Elector Photo ldentity Card vide No. GJF1475098 as Ext:R, PAN card No. BFWPHO798L as Ext:S and a certified coDyof voter list of 2021 in his name with hisfather at Village: JhaskalPart-Ill as Ext:T. In her cross-examination, he deposed that he is the only son of his parents and opposite party is his elder sister and opposite party got married to Mojam sk. of Village:-Ramraikuti Part-l and opposite party still residing at Villages Ramraikuti Part- with her husband. Contd....P/5
  • 5.
    ASSAN AGA OHUP 10) D.W-3 deposedthat he is the Secretary of Satrasal Gaon Panchayat and he has been working in the said Panchayat since 14/08/2023 on being transferredfrom Page-s AolataliGaon Panchayat under Lakhipur Development Block. He deposed that Fxto certificate was issued by the earlier Secretary of Satrasal Gaon Panchavat on og/ozl2o15 in the name of Saleya Bibi, D/o- Sabed Aliof Village:-Jhaskal part-1ll and produced the counterpart of the certificate and the original application submitted by Sabeya Bibiand exhibited the copy of application submitted by Sabeya Bibi as Ext:0 (i). Incross examination, he deposed that he had not issued the Ext:0 certificate. He admitted that the certificate was issued by the earlier Secretary of Satrasal Gaon Panchayat and that nothing is available to show that the certificate was issued after due verification. 11) Now let us appreciate the evidence of DWs including the documents exhibited in the case to determine the nationality status of the opposite party. It appears from Ext:A certified copy of voter list that the name of Sabed Ali Sheikh, whomthe opposite party has claimed to be her father, was entered in the voter list of 1966 under 35 No. Golakganj Legislative Assembly Constituency at Village:-Jhaskal Part IlI. From Ext:B and Ext:Ccertified copies of voter lists it appears that the names of Sabed AliSheikh and Joynob Bibi, whom the opposite party has claimed to be her parents, were entered in the voter lists of 1970 and 1985 under 35/25 No. Golakganj Legislative Assembly Constituency at Village:-Jhaskal Pat-lll. Ext:D, Ext:E and Ext:F are the Elector Photoldentity Card, PANCard and AADHARCard in the name of Sabed Ali, whom the opposite party has claimed to be her father. It is the case of opposite party that she got married to one Mojam Sheikh, S/o-Late Bhutu Sheikh of Village: Ramraikuti Part-l, P.O:-Satrasal, P.S:-Agomani, Sub-Division:-Dhubri (Assam) and still residing at her matrimonial house and her name has been entered in the voter lists at Village:-RamraikutiPart-I with her husband since the time of her marriage. It appears from Ext:G certified copy of voter list that her name was entered in the voter list of 1985 with BhutuSheikh andMojammel Hoque, whom the opposite party has claimed to be her father-in-lawand husband respectively, at Village:-Ramraikuti under 25 No. Golakganj Legislative Assembly Constituency. It is the case of the opposite party that her husband's name is Mojam Sk. but in the voter list of 1985 her husband's name was recorded as Mojammel Hoque. It appears from Ext:h, Ext:l, Ext:Jand Ext:K certified copies of voter lists that the name of opposite party has been entered in the voter lists of 1989, 1997, 2010 and 2022 at Village:-Ramraikuti Part-l under 25 No No. Golakganj Legislative Assembly Constituency with her husband Mojam Sk. Ext:L, Ext:M and Ext:N are the Elector Photoldentity Card, PAN Card and AADHAR Card of the opposite party. It appears from Ext:L that though the reference was instituted in the year 2003 Elector Sd/ Member, Foreigners' Tribunal (10th) DHUBR. Contd....P/6 Photo Identity cardwas issued in her name in the year 2013 being the voter of Village:
  • 6.
    4 f BRERONER OHURR ASSAN OUB Page-6 Ramraikuti Part-Iunder 25 No. Golakganj Legislative Assembly Constituency, From Ext:O certificate issued bythe Secretary ot Satrasal Gaon Panchayat it appears that the name of father of opposite party is Sabed All of Village:-JhaskalPart-l. It appears frorm the certificate (Ext:0) that opposite part got married to Mojam Sk. of Villager. RamraikutiPart-l, P.S:-Agomoni, Dist:-Dhubrl. To prove Ext:0 certificate opposite party examined DW-3, who in his evidence deposed that that Ext:O certificate was issued by the earlier Secretary of the Panchayat in the name of Saleya Bibi,D/o- Sabed Allof Village:Jhaskalpart-Ililand produced the counterpart ofthe certificate and the original applicationsubmitted by SabeyaBibi and exhibited the copy of application submitted by Sabeya Bibias Ext:o (1). Ext:0 is therefore proved and accepted to be a linkage document. Ext:P bank pass book and Ext:Q e-sHRAM card of opposite party have no evidentiary value in absence of proof. DW-2brother of opposite party, in his evidence, has supported and corroborated the evidence of DW-1, the opposite party. DW.2 exhibited his Elector Photo ldentity Card vide No. GJF1475098 as Ext:R, PAN card No. BFWPHo798L as Ext:S and a certified copy of voter list of 2021 in his name with his father at Village:-Jhaskal Part-lllas Ext:T and therefore there is no reason to disbelieve the testimony of DW-2. In order to prove Ext:A, Ext:B, Ext:C, Ext:G, Ext:H, Ext:l, Ext:J, Ext:K and Ext:T, on the prayer of the opposite party summon was issued to the Election Officer, Dhubri andon receipt of summon the Election Officer, Dhubri vide his letter dated 1o/01/2024 had submitted authenticated report regarding issuance of the respective certified copies of voter lists from their end. Therefore the exhibited certified copies of voter lists are acceptedto be genuine and secondary evidence. From the evidenceon record and finding no rebuttal evidence, there is no jeason to disbelieve the testimony of the opposite party and documents exhibited by theopposite party in support of her testimony. Since the name of the father of the opposite party was entered in the voter list of 1966 (Ext:A) at Village-Jhaskal Part-lll, names of parents of opposite party were entered in the voter lists of 1970 and 1979 at Village:-Jhaskal Part-ll,name of father of opposite party was entered in the voter list of 2021 at Village:-Jhaskal Part-lll and was residing at Village:-Jhaskal Part-lIl since before o1/01/1966,the evidence of the oppositeparty are sufficient enough to prove that the father of the opposite party was a citizen of India. As the father of the opposite party was residing in India (Assam) since before o1/01/1966 and the opposite party was born to Indian parents in Indian soil, being the descendant of citizens of India, theopposite party is a citizen of India. Moreover, though the instant reference was registered in the year 2003, the name of opposite party has been entered in the voter listsat Village:-Ramraikuti/Ramraikui Part-lsince the year 1985 to till date and has been regularly casting her vote and Elector Photo Identity Card No. GJF11o5313 was issued in the year 2013 in the name of the opposite party being the voter of Sd/ Member, Foreigners'Tribunal(10h) DHUSRI. Contd....Plz
  • 7.
    FuRENERS OHUgF ONE RUP Village:-RamraikutiPart-l. The linkageof the opposite party with her father has been established from Ext:0 and the evidence of DW-2 and therefore the opposite party cannot be termed as aforeigner/illegal migrant as suspected by the referralauthority. 13) For the aforesaid reasons and discussions, the evidence and documents examined by opposite party in support of the case are found to be sufficient and trustworthy to prove that theoppositeparty is not aforeigner/illegalmigrant. 14) Considering the entire materials on record andthe disCussions above, Iam of the considered opinion that the opposite party Musstt. Saleya Bibi, Wife of Majam Ali, Village:-Ramraikuti Part-l, Police station:Golakganj(now Agomoni), Dist-Dhubri (Assam) is not foreigner. 15) Page-7 Copid By The reference is answered in negative. 16) Intimate the Superintendent of Police (Border), Dhubri, the District eopyist Foreigners' Tribunal(10) DHUBRI. Compared By Typisi Foreigners'' Tribunal(10) DHUBRI. Sdi Member, Foreiners' Tribunal (10) DHUBRI. Certified to be true copy U.DA -Cum-Accountant, Foreigners' Tribunal (igth) ubri. Authorised under St::n 76of Act-1 of i872 Magistrate, Dhubri andthe Election Officer, Dhubri along with acopy of the order.