MONIR UDDIN AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. R. Choudhury, learned counsel for the petitioners. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K.D. Choudhury, learned ASGI for respondent No.1; Mr. G. Sarma, learned Standing Counsel, Foreigners Tribunal appearing for respondent Nos.2 and 4; Ms. K. Phukan, learned Govt. Advocate, Assam appearing for respondent No.3; Mr. A.I. Ali, learned Standing Counsel, ECI appearing for respondent No.5 and Ms. L. Devi also appears for respondent No.6 as the learned Standing Counsel, NRC.

(2.) The present petition was filed by Abbas Ali @ Abbas Ali Talukdar, son of late Eusub Ali @ Eusub Ali Talukdar who was the original proceedee in Case No.BNGN/FT-2/APR/546/2016 before the Foreigners Tribunal, Bongaigaon No.2, Abhayapuri, challenging the impugned opinion dtd. 6/3/2018 rendered by the learned Tribunal in the aforesaid case declaring him to be a foreigner/illegal immigrant of post 25/3/1971 from Bangladesh. However, the aforesaid proceedee Abbas Ali Talukdar died during the pendency of this petition on 25/3/2019. Thereafter, in view of the order dtd. 6/12/2019 passed by this Court in I.A.(Civil) No.3956/2016, the legal heirs of the aforesaid proceedee Abbas Ali, namely, (Monir Uddin Ahmed, (2) Mujjamil Hoque, (3) Nurul Hoque and (4) Ajmina Parbin were substituted in place of Abbas Ali @ Abbas Ali Talukdar who was earlier shown as the writ petitioner in this petition, to pursue the claim of the proceedee.

(3.) Before we examine the contentions and the response of the State, we would like to examine the findings arrived at by the learned Tribunal.