JOTSNA BARMAN Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Both the writ petitions involve identical facts and common questions of law and hence were heard together and being disposed of by this common judgment and order.

(2.) The writ petitioner in W.P.(C) No. 1668/2012 Smti Jotsna Barman was declared as an illegal migrant of post 1971 in F.T. Case No. 225(III)/2007 arising out of I.M.(D).T Reference Case No. 427/2004 by the Foreigners Tribunal - III, Barpeta vide judgment and order dated 29.12.2007, while the writ petitioner in W.P.(C) No. 1669/2012 Smti Kalyani Barman was declared an illegal migrant of post 1971 in F.T. Case No. 337(III)/2007 arising out of I.M.(D).T Reference Case No. 426/2004 vide judgment and order dated 29.12.2007.

(3.) In both the cases the writ petitioners were declared foreign nationals in ex-parte proceedings as they did not appear before the learned Tribunal in course of the proceeding and the learned Tribunal solely relying upon the evidence of the investigating police officer to the effect that the opposite parties could not produce any document before him in course of enquiry had adjudged both the writ petitioners as foreigners who had entered into Assam after 25.03.1971.