ESUB ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) The extra-ordinary jurisdiction of this Court has been sought to be invoked by filing this application under Article 226 of the Constitution of India by putting to challenge the opinion rendered vide impugned order dtd. 16/12/2022 passed by the learned Foreigners Tribunal (1st), Mangaldai, Darrang in F.T. Case No. 4446/11. By the impugned judgment, the petitioner who was the proceedee before the learned Tribunal has been declared to be a foreigner post 25/3/1971. After the aforesaid order dtd. 16/12/2022, he was taken into custody on 20/1/2023 and is detained at Tezpur Detention Camp for which the petitioner filed the connected Interlocutory Application being I.A.(C) No. 3605/2023 praying for his release from such detention.

(2.) The facts of the case may be put in a nutshell as follows:

(3.) We have heard Shri I.A. Talukdar, learned counsel for the petitioner. We have also heard Shri J. Payeng, learned Standing Counsel, Home Department, Assam, Shri A.I. Ali, learned Standing Counsel, Election Commission of India and Shri P. Sarma, learned Additional Senior Government Advocate, Assam. We have also carefully examined the records which were requisitioned vide an order dtd. 18/9/2023.