FARIZ Vs. UNION OF INDIA

JUDGEMENT

(1.) This Review Petition is directed against the Judgement and Order dtd. 9/10/2020 passed in WP(C) No. 3959/2020 which was preferred by the present review petitioner. A reference was made against the review petitioner by the Superintendent of Police (Border), Barpeta under the erstwhile IM(D)T Act vide reference No. IM(D)T No. 10787/98, expressing doubt about the nationality of the opposite party i.e. review petitioner herein to decide as to whether the opposite party/review petitioner is or is not an illegal migrant. After the IMDT Act was struck down by the Supreme Court, the reference was assigned to Foreigners Tribunal No. 6, Barpeta. In terms of the reference, the Foreigner's Tribunal No. 6, Barpeta registered a case being F.T. Case No. 23/16. Notices were served upon the review petitioner. Matter was contested by review petitioner by filing written statements and by adducing evidence. By order dtd. 17/1/2019, the Foreigner's Tribunal, Barpeta rendered its opinion answering the reference in affirmative and holding the opposite party/review petitioner to be a foreigner/illegal migrant who had entered into Assam on or after 25/3/1971. Being aggrieved, the review petitioner approached this Court assailing the opinion dtd. 17/1/2019 passed by the Foreigners Tribunal. The writ petition being WP(C) No. 3959/2020 came to be dismissed vide Judgment and Order dtd. 9/10/2020 against which the review petitioner has filed the present review petition seeking review of the Judgment and Order dtd. 9/10/2020.

(2.) The writ petition being WP(C) No. 3959/2020 was preferred on the following grounds:-

(3.) Before the Tribunal, the petitioner filed his written statements and exhibited the following documents:-