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12. In view of the above findings, this Tribunal is of the opinion that the OP is a Foreigner / Illegal migrant had entered Assam on or after 25- 03-1971. In exercise of the power conferred under Sec. 3(13) of the Foreigners Tribunal Order, 1964 the OP namely MONOWARA BEWA, W/o Sapiyar Rahman of village Sukhatikhata under Gauripur PS, district- Dhubri, Assam, be taken into custody immediately, and be kept as internee (Section 4 of the Foreigners Act, 1946) in appropriate place till she is deported/push back to her specified territory. Hence, the reference case is answered in affirmative."

12. To appreciate the view taken by the Tribunal, let us examine the materials on record.

WP(C) 2634 of 2016

13. In her written statement, petitioner stated that she was a citizen of India by birth and this would be proved by the legacy data in the name of her father Kashem Ali Sk, which was annexed to the written statement as Annexure-A. She stated that she was wife of Sapiyar Rahman and daughter of Late Kashem Ali Sk and a resident of village Sukhatikhata under Gauripur Police Station in the district of Dhubri. Name of her father Kashem Ali Sk, son of Chetaullah was recorded in the 1951 NRC as resident of village Khagrabari under Golokganj Police Station in the then district of Goalpara; extract of NRC, 1951 was annexed as Annexure-B. It was also stated that her father had his name recorded in land document in respect of a portion of land having Katchha patta which was annexed as Annexure-C. Her father was a recorded voter in the voters list of 1966 from Sukhatikhata village relating to No.34 Gauripur Legislative Assembly Constituency. Extract of the voters list was annexed as Annexure-D. Statements were also made regarding inclusion of father-in-law in the legacy data and about school transfer of her husband but in this school transfer certificate dated 29.10.1988 (Annexure-F), name of the certificate holder was Md. Safiol Haque Bepari, son of Md. Nur Ali Bepari of village Khodarchar whereas according to the petitioner, name of her husband was Sapiyar Rahman. It was finally stated that she has been recorded as a voter in the voters list of 2015 from Khagrabari village in respect of Gauripur Constituency.

15. Let us now examine the evidence adduced on behalf of the petitioner.

16. In her evidence-in-chief by way of affidavit filed on 16.02.2016, petitioner described herself as aged about 43 years and daughter of Late Kashem Ali Sk and wife of Lt. Sapiyar Rahman, resident of village Sukhatikhata under Gauripur Police Station in the district of Dhubri. She stated that she studied up-to Class-IV in the 1296 No. Khagrabari L.P. School in the year 1984 and as per school certificate, she was born in 1973. Her father's name Kashem Ali Sk was recorded in the 1951 NRC from the village Khagrabari. Her father's name also appeared in the voters list of 1966 as a voter from Sukhatikhata village under Gauripur Constituency. Her father's name also appeared in the land document of a plot of land at village Khagrabari covered by Patta No.18 (old)/30 (new) having Dag No.33(old)/34(new) in the year 1965. She stated that she was born and brought up at village Khagrabari Part-II under Golokganj Police Station and is presently residing in the said village as per certificate of the Gaon Panchayat Secretary.

"GOVERNMENT OF ASSAM OFFICE OF THE SECRETARY RUPSHI GAON PANCHAYAT DISTRICT DHUBRI, ASSAM No. RGP-27/M.W/CFT/2015-16/1275 Date 14-07-2015 TO WHOM IT MAY CONCERN This is to certify that Smt. Manora Bewa, Daughter of Sri Kachim Ali Sk (Father)/ (or) Smt. _______________________ (Mother) of Village Sukhatikhata under Rupshi Gaon Panchayat under Golakganj Revenue Circle of Dhubri District of Assam who is aged about 35 years was a resident within the jurisdiction of the said Gaon Panchayat area. Smt. Manora Bewa got married on __________________ (date/month/year) to Sri Lt. Sapial Hoque, Son of Sri Nur Ali Bepari (Father) or Smt. / Late _________________ (Mother) who are residents of Khoderchar Village / WP(C) 2634 of 2016 Gaon Panchayat / Ward under Dhubri Revenue Circle of Dhubri District of Assam. Smt. Manora Bewa has now migrated from the said Gaon Panchayat area to the above mentioned location by virtue of her marriage which was solemnized as aforesaid.