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A bench of justices D Y Chandrachud and Hima Kohli agreed to hear the plea filed by the woman who has challenged the June 2019 verdict of the Gauhati High Court.
The high court had dismissed her petition, thereby affirming the June 2017 order of the Foreigners Tribunal, Bongaigaon, declaring her to be a foreigner who had illegally entered India from Bangladesh after March 25, 1971.
Advocate Pijush Kanti Roy, appearing for the woman, told the apex court that all the other members of the petitioner’s family were, however, included in the NRC. ”Issue notice, returnable in three weeks,” the bench said and posted the matter for hearing on October 17.
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The petitioner has claimed that she is a citizen of India by birth.
The plea said the parents, siblings and husband of the petitioner are all citizens of India.
”The petitioner is a citizen of India by birth and entire family members of the petitioner from the side of her parents as well as her in-laws have been declared as Indian citizen by the competent authority,” her plea said.
”However, the tribunal as well as the division bench of Gauhati High Court without looking into various exhibited documents have declared the petitioner as foreigner, which has resulted in serious miscarriage of justice,” it said.
It said that in the draft NRC, the name of the petitioner along with her entire family members was appearing. However, in the final NRC published by the competent authority, name of entire family members, except her, have been included thereby declaring them as Indian citizen, the plea said.
It said the petitioner had produced series of documents in support of her citizenship but neither the tribunal nor the high court relied on them and dismissed her case.