ABUL KALAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. J. Sarmah, learned counsel for the petitioner. Also heard Ms. M. Barman, learned counsel on behalf of Mr. S.K. Medhi, learned CGC; Mr. A. Bhuyan, learned Standing Counsel, ECI; Mr. A. Kalita, learned Special Counsel, FT and Ms. L. Devi, learned Standing Counsel, NRC.

(2.) The present petition has been filed being aggrieved by the opinion dtd. 20/6/2018 passed by the Member of the Foreigners' Tribunal No.1, Morigaon, in F.T.(C) Case No. 461/2008 declaring the petitioner to be a foreigner, having illegally entered into India (Assam) after 25/3/1971.

(3.) Though on perusal of the impugned opinion dtd. 20/6/2018 it appears that the judgment was rendered after hearing the arguments and on perusal of the records, as reflected in the judgment, it has been submitted by the learned counsel for the petitioner that in fact the learned Tribunal did not hear the parties before the said opinion was rendered. The said opinion was based only on the opinion prepared by her predecessor and as such the said opinion is void.