SARBANANDA SONOWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The validity of two pieces of subordinate legislation, one amending the Foreigners (Tribunal) Order, 1964 and the other, the Foreigners (Tribunal) for Assam Order, 2006 in the context of an earlier decision rendered by this Court is the question involved in these Writ Petitions filed under Art. 32 of the Constitution of India by the petitioners.

(2.) Sarbananda Sonowal filed WP (C) No. 131 of 2000 under Art. 32 of the Constitution of India against Union of India and others for declaring some of the provisions of the Illegal Migrants (Determination by Tribunals) Act, 1983 (for short "the IMDT Act") as unconstitutional, null and void and a consequent declaration that the Foreigners Act, 1946 (for short 'the 1946 Act') and the Rules made thereunder would apply to the State of Assam. The pleas raised in the said writ petition found favour with a 3-Judge Bench of this Court in the decision reported in 2005 5 SCC 665. The said decision is hereinafter referred to as Sonowal I. It was directed therein:

(3.) This Court opined that there was absolutely no reason why the illegal migrants coming into the State of Assam should be treated differently from those who had migrated to the other parts of the country having regard to the provisions of the Citizenship Act, 1955 and the Foreigners (Tribunals) Order 1964 (for short "the 1964 Order").