RAHIMUDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M I Hussain, learned counsel for the review petitioner/writ petitioner, Mr. J Payeng, learned Standing Counsel, Home Department for respondent Nos. 2, 6 and 7, Mr. A I Ali, learned Standing Counsel, Election Commission of India for respondent No. 3 and Mr. P Sarma, learned Addl. Senior Government Advocate, Assam for respondent 5.

(2.) The instant review petition has been filed by the review petitioner (petitioner) seeking review of the Order dtd. 7/11/2017 passed by this Court in WP(C) No. 550/2016 by invoking Chapter-X of the Gauhati High Court Rules read with Order 47 Rule 1 and 2 of the Code of Civil Procedure (CPC).

(3.) Brief facts essential for disposal of the instant review petition is that the reference was made by the Superintendent of Police (Border), Barpeta under the Illegal Migrants (Determination by Tribunals) Act, 1983 (IMDT Act, in short) with the allegation that the petitioner was an illegal migrant as defined under IMDT Act. Sec. 3(1)(C) of the IMDT Act defines an illegal migrant as a foreigner who had unauthorizedly entered into India after 25/3/1971. IMDT Act was declared to be unconstitutional by the Supreme Court in Sarbananda Sonowal Vs. Union of India and Anr., (2005) 5 SCC 665. Following the direction passed in the case of Sarbananda Sonowal (Supra), the said reference against the petitioner was registered under the Foreigners Act, 1946 read with Foreigners (Tribunals) Order, 1964 as FT Case No. 87/2014 and assigned to the Foreigners Tribunal-1, Barpeta (Tribunal, in short) for opinion. Notice was issued to the petitioner by Tribunal whereafter, he entered appearance and filed written statement denying the allegation that he was a foreigner by claiming to be a citizen of India. He also adduced evidence, oral as well as documentary. After hearing the matter and upon appreciating the evidence on record, the Tribunal passed an Order dtd. 21/9/2015 answering the reference in favour of the State. Aggrieved, the petitioner filed WP(C) No. 550/2016 before this Court. This Court, upon hearing the parties and upon perusal of the records of the case, dismissed the writ petition vide Order dtd. 7/11/2017.