Supreme courts grants woman declared as 'Foreigner' by tribunal to seek review in Gauhati HC

OVERVIEW

• Supreme Court on Monday granted permission to a woman declared 'foreigner' by Foreigners Tribunal in Assam to file a review petition in Gauhati High Court against the judgement upholding the Tribunal order.
• Proceedings against the petitioner, Jasmin Begum @ Jesminara Begum, were initiated in 1998 by Superintendent of Police, Morigaon when she was unable to trace back her ancestry to Indian citizens residing in Assam before March 25, 1971 (the cut-off date for eligibility for inclusion in the National Register of Citizens).
• The petitioner was thus declared a 'foreigner' by the Foreigners' Tribunal, Morigaon, on January 25, 2019. 

BASIS OF ELIMINATION FROM NRC BY THE TRIBUNAL

• The Tribunal declared that the eleven documents produced by the petitioner did not prove her Indian citizenship. The petitioner contended that her parents' names were registered in the voters list of 1965, and also produced the school leaving certificate as evidence.
• However, the Tribunal rejected the evidence stating that the petitioner referred to the name 'Mazeda Sultana Begum' in her oral evidence as opposed to the name 'Mazeda Begum' produced in the list. The school leaving certificate produced was also rejected on the basis that the Headmistress of the school was not examined. The oral evidence of the petitioner's uncle and husband were also rejected stating that they were 'not supported by evidence.'
• The Tribunal thus held that Jasmin Begum 'miserably failed to establish her link with her father and mother' and was declared as a 'foreigner' who entered India after March 25, 1971, consequently authorising the District Authority to take measures to deport her. 

WRIT PETITION FILED IN THE HIGH COURT 

• The writ petition filed by the petitioner against the Tribunal order was rejected by the Gauhati High Court on September 25, 2019 stating that there was 'no infirmity in the findings and opinion recorded by the Tribunal.'
• Advocate Fuzail Ahmad Ayyubi, in the special leave petition filed in the Supreme Court against the High Court verdict, argued that the Tribunal followed a 'hyper-technical' method by dismissing the petitioner's claim.
• It was also argued thar the petitioner's father's name was mentioned in her documents, which was not referred to by the Tribunal on the basis that linkage with her mother was not established.
• On Monday, Senior Advocate Dr. Menaka Guruswamy, appearing on behalf of the petitioner, submitted before the bench that the Tribunal order included 'apparent errors' and that the petitioner's parents were, in fact, included in the voter list of 1965. 

CONCLUSION

• On this contention, the Supreme Court bench headed by CJI Sharad Bobde, granted the petitioner to seek review of the judgement passed by the High Court. On this basis, the writ petition was withdrawn.

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