SATISH MONDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. N. Sarkar, learned counsel for the petitioner. Also heard Mr. H. Kuli, learned Standing Counsel, Election Commission of India for respondent No.2. Also heard Ms. A. Verma, learned Standing Counsel, Home Department, Assam for respondent Nos. 3, 7 and 8 as well as Mr. P. Sharma, learned Additional Senior Government Advocate, Assam, appearing for respondent No. 5.

(2.) This writ petition has been filed by the petitioner, namely, Sri Satish Mondal @ Satish Chandra Mondal, impugning the ex parte Opinion/Order dtd. 9/5/1988 passed by learned Foreigners Tribunal, Lakhimpur, North Lakhimpur in FT Case No. 859/1987, whereby the petitioner was declared to be a Foreigner, who entered into India (Assam) after 1/1/1966 but before 25/3/1971 and has been ordinarily residing in Assam since then.

(3.) The facts relevant for consideration of the present writ petition, in brief, are that suspecting the petitioner to be a foreigner, an inquiry was conducted by the In-Charge of Barchola Police Watch Post. After completion of the inquiry, the inquiry report was submitted before the Superintendent of Police, Lakhimpur, stating that the petitioner is suspected to have entered into India in between 1966 and 24/3/1971. On the basis of the inquiry report, a reference was made by the Superintendent of Police, Lakhimpur before the Foreigners Tribunal, Lakhimpur to ascertain the citizenship status of the petitioner.