SUSHIL MANDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M. Biswas, learned counsel for the petitioner and Mr. J. Payeng, learned Standing counsel, Foreigners Tribunal. Also heard Ms. L. Devi, learned counsel for NRC; Mr. A. I. Ali, learned counsel for ECI; Ms. A. Gayan, learned CGC and Ms. K. Phukan, learned Government Advocate, Assam.

(2.) In this petition, the petitioner has challenged the opinion dtd. 21/11/2018 passed by the learned Member, Foreigners Tribunal, Kamrup (M) 2nd Guwahati, in FT Case No. 434/2018, whereby the petitioner was declared a foreigner.

(3.) Apart from various grounds urged before this Court in challenging the aforesaid impugned opinion dtd. 21/11/2018, learned counsel has submitted that the proceeding itself was beyond jurisdiction of the Foreigners Tribunal, inasmuch as, in this case cognizance was taken by the Foreigners Tribunal without valid reference being made by the Referral authority. It has been submitted that a reference can be made only on the basis of certain enquiry to be proceeded before the reference is made.