The Supreme Court dismissed a plea by a woman challenging her status as an illegal migrant, despite holding Aadhaar and Voter ID documents, reaffirming that forged identification cannot override established findings of unauthorized entry into India.
The Supreme Court Bench of Justice Pankaj Mithal and Justice S.V.N. Bhatti upheld the concurrent findings of the IMDT Tribunal, the Foreigners Tribunal, and the Gauhati High Court, all of which had declared the petitioner, Jahura Khatun, an illegal migrant from Bangladesh.
Background
Jahura Khatun was declared an illegal migrant under Section 3(1)(c) of the now-repealed Illegal Migrants (Determination by Tribunals) Act, 1983. The Tribunal found that she had illegally entered India after March 25, 1971. Notably, she failed to file a written statement or produce evidence, and the matter was decided ex parte. The declaration attained finality.
Years later, she sought to recall the declaration, citing improper service of summons and alleging that her in-laws prevented her from taking legal action. She also pointed to her Aadhaar and Voter ID as evidence of citizenship. However, these were dismissed as documents fraudulently obtained after the adverse tribunal order.
Supreme Court’s Findings
Rejecting her Special Leave Petition under Article 136 of the Constitution, the Court observed:
“In the facts and circumstances of the case, we are not inclined to interfere with the concurrent findings of fact recorded by the three Courts below.”
The Court emphasized that all relevant authorities had independently found her to be an illegal entrant, and her subsequent claims lacked credibility.
Government’s Stand
The Union of India, represented by Additional Solicitor General Archana Pathak Dave, opposed the petition. It submitted that the petitioner had abused the process of law, took multiple adjournments, failed to present any evidence, and allowed the proceedings to go ex parte.
In its affidavit, the Union stated:
“The present petition seeks to reopen issues already adjudicated with finality. The assertions that her in-laws prevented her from defending the proceedings are vague and self-serving.”
It also highlighted that documents like Aadhaar and Voter ID were illegally obtained, long after she had already been declared a foreigner.
Legal Representation
- For Petitioner: AOR Abdul Qadir Abbasi
- For Union of India: ASG Archana Pathak Dave, Sr. Adv. Swarupama Chaturvedi, AOR Arvind Kumar Sharma, and others
- Case Title: Jahura Khatun v. Union of India & Ors.
- SLP (C) Nos. 6872–6873/2021
