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The Supreme Court Bench headed by Justice Kurian Joseph and Justice KishanKaul, while considering the plea from a woman to be deported after being identified as an illegal migrant had posed three questions before the Assam State Government. The Court asked whether the five brothers and husband of the petitioner were citizens of India. The Court also asked whether the parents of the petitioner were citizens of India.
The petitioner, Musstt. SofiyaKhatun had challenged the order of the Barpeta Foreigners' Tribunal that had previously declared her as a foreigner and an illegal migrant. The petitioner then approached the Apex Court. The tribunal had rejected her claim because it was of the opinion that her parents’ and grandfather’sname were different that what she had portrayed. It was also held that she had not made any constructive effort before the authority to correct the same.
The Guwahati High Court upheld the tribunal’s order and noted, ““From the written statement, it is evident that petitioner did not disclose about her date or year of birth. She also did not disclose about her place of birth. Grandmother’s name, as well as names of maternal grandfather and grandmother, were not disclosed. She also did not disclose about the names of her brothers’ and sisters’ as well as the date or year of her marriage. Moreover, she was silent regarding her children after her marriage to Fulbar Hussain. Thus, there was an omission to mention the above which were material facts specifically within her knowledge. It is essential that when one’s nationality is questioned, such material facts are required to be in the written statement”.
The claims of the husband, parents or brothers were not taken into consideration by any of the courts, though.
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