ABDUL KHAI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard Mr. A. Roshid, learned counsel for the petitioner. Also heard Mr. S. C. Keyal, learned ASGI representing the Union of India. I have also heard Ms. H.M. Phukan, learned State counsel. I have also perused the entire materials on record.

(2.) By means of this writ petition, the petitioner, a declared foreigner has put to challenge the judgement and order dated 27/02/2013 of the Learned Member, Foreigners Tribunal (IInd) Morigaon in case No. FT(C) 218/2010 {IM(D)T case No. 743/2004} (State of Assam Vs. Md. Abdul Khai @ Abdul Khayer). By the said judgement, answering the reference made against the petitioner as to whether he is a foreigner or not, the Foreigners Tribunal has held that the petitioner is a foreigner under Section 2(a) of the Foreigners Act, 1946 who entered into India (Assam) after the cut-off date i.e. 25/03/1971.

(3.) As discussed in the impugned judgement, the Superintendent of Police (B), Morigaon made the reference against the petitioner to the then IM(D)T suspecting the petitioner to be a foreign national. As per the report furnished , the petitioner aged about 33 years as of 2004 was suspected to be an illegal migrant from village Khuligar under Iswarganj Police Station of District Syllet of Bangladesh who illegally entered into Assam after 25/03/1971. During investigation he could not produce any document in support of his Indian citizenship. Accordingly, the reference was made to the them IM(D)T. Thereafter the case was transferred to the Foreigners Tribunal.