MD. TAFAJJUL HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ petition is filed by the petitioner, Md. Tafajjul Hussain @ Tafajjul Hussain, who has challenged the order dtd. 11/10/2019 passed by the Member, Foreigner's Tribunal, Nagaon Court No.10th at Sankardev Nagar (Doboka), Hojai, Assam, in case No. FT(D) Case No.880/2015.

(2.) Upon a reference made to the Foreigner's Tribunal, Nagaon Court No.10th at Sankardev Nagar (Doboka), Hojai, Assam vide reference No.S.P.(B)'s F.T. Case No.332/2015, the present Foreigner's Tribunal case was registered against the petitioner. The petitioner was suspected to be a foreigner, who had entered Assam, on or after 25th of March, 1971 from the specified territory i.e. Bangladesh without any valid documents. The Tribunal initiated the reference by serving Notice on the petitioner. The petitioner appeared before the Tribunal and filed his Written Statement and produced documents in support of his case that he is not an alien, who had entered Assam from the specified territory. The petitioner also presented 2 (two) witnesses as defence witnesses to support his case before the Tribunal. The Tribunal examined the materials presented before the Tribunal but however, declined to accept the contentions of the petitioner and rendered its opinion by answering the reference in affirmative that the petitioner is a foreigner as per Sec. 2 (a) of the Foreigners' Act, 1946 and who had illegally entered into the territory of India specifically Assam on or after 25th of March, 1971 from the specified territory i.e. Bangladesh without any valid documents. Being aggrieved, the present writ petition has been filed by the petitioner challenging the order dtd. 11/10/2019 passed by the Member, Foreigner's Tribunal, Nagaon Court No.10th at Sankardev Nagar (Doboka), Hojai, Assam, in case No. FT(D) Case No.880/2015.

(3.) We have heard the learned counsels for the parties. We have also perused the pleadings on record as well as the Tribunal records, which were called for by this Court.