Guwahati: A division bench of the Gauhati High Court, comprising Justice Achintya Malla Bujor Barua and Justice Robin Phukan, has quashed and set aside the order of the Foreigners Tribunal which had declared a citizen of India as a foreign citizen. 

The Court observed that the verification report of the authorities was incomplete and the evidence of the father of the petitioner, who deposed that the petitioner was his daughter, remained uncontroverted.

The petitioner had been referred to the Foreigners Tribunal, Dhubri for an opinion as to whether she was a person who had entered Assam from the specified territory after March 25, 1971.

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The Tribunal, in their order dated September 18, 2018, gave an opinion that the petitioner was a foreign citizen who had entered the State of Assam subsequent to March 25, 1971.

The Court noted that in the verification report, the column provided for the place of birth was not filled up by the authorities.

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Moreover, in cross-examination, the father of the petitioner was not confronted with any question or suggestion that the petitioner was not his daughter.

In view of the incomplete verification report and the uncontroverted evidence, the Court declared the petitioner a citizen of India and set aside the impugned order of the Tribunal.