BISWAJIT DEBNATH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B. Chetry, learned counsel for the petitioner. Also heard Mr. U. K. Nair, learned senior Advocate assisted by Mr. J. Payeng, Advocate for respondent Nos.2, 5 and 6; Mr. G. Sarma, learned Central Government Counsel for respondent No.1; Ms. B. Das, learned Standing Counsel, Election Commission of India for respondent No.3 and Ms. G. Hazarika, learned Standing Counsel, NRC for respondent No.4.

(2.) This writ petition has been filed by the petitioner being aggrieved by the order dated 13.05.2019 passed by the Member, Foreigners Tribunal No.2, Dhemaji at Silapathar in FT Case No.26/2018. By the said order, the Member, Foreigners Tribunal on the grounds and reasons mentioned therein rendered its opinion declaring the petitioner to be a foreigner of post 25.03.1971, under Section 2 (1) (a) of the Foreigners Act, 1946 who had illegally entered into the territory of India (Assam) on or after 25.03.1971 without valid documents and directed the Deputy Commissioner (Election), Dhemaji as well as the Superintendent of Police (Border), Dhemaji to take necessary steps as per law.

(3.) The petitioner claims to be an Indian citizen by birth and a permanent resident of No.2 Bhairabpur under Silapathar Police Station of Dhemaji district in the State of Assam. He claims to be belonging to Bengali Nath Community (Hindu).