ANOWAR ALI Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. A.K. Purkayastha, learned counsel for the petitioner. Also heard Mr. A.C. Buragohain, learned Additional Advocate General, Assam, appearing for the respondents No. 1 and 3 as well as Mr. M. Bhagawati, learned Central Government Counsel, appearing for the respondent No. 2.

(2.) THE writ petition has been placed before the Full Bench consequent upon an order passed by the Hon'ble the Chief Justice following an order dated 5.3.2013 passed by a learned Single Judge of this court. The question which requires answer by the Full Bench is: -

(3.) A reference was made under section 8(1) of the Illegal Migrants (Determination by Tribunals) Act, 1983, for short, IMDT Act, to the Illegal Migrants (D) Tribunal, Hojai, Sankardev Nagar, for a decision as to whether the petitioner No. 1 along with his family members are illegal migrants who entered into India after 25.3.1971. The reference was contested by filing written statement. The State had examined one witness. On behalf of the petitioners also, petitioner No. 1 examined himself and submitted some documents. Upon consideration of materials on record, the Tribunal answered the reference in the affirmative holding the petitioners to be illegal migrants, within the meaning of IMDT Act, who are liable to be deported from India vide judgment and order dated 17.6.2005.