ABU TALEB Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard Mr. AR Sikdar, learned counsel representing the petitioner. Also heard Ms. P Baruah Bordoloi, learned Govt. Advocate, Assam and Ms. G Sarma, learned counsel appearing on behalf of Mr. SC Keyal, learned ASGI, representing Respondent No.1.

(2.) Challenge is made to the judgment and order dated 2.7.2013 passed by the Member, Foreigners Tribunal, Kamrup (Rural), Guwahati, under GFT (R) Case No.1466/2009/488 whereby the petitioner i.e. Abu Taleb was declared as foreigner of post 25.3.1971 stream.

(3.) The genesis of the case relates to the reference made by the Superintendent of Police (Guwahati) under Section 8(1) of the Illegal Migrants (Determination) by Tribunal (IM(D)T) Act, 1983, on the basis of which Case No.1055/2003 was registered before the then IM(D)T, Kamrup. In course of time and in view of the decision in the case of Sarbananda Sonowal vs. Union of India, 2005 5 SCC 665, the case stood transferred to the Foreigners Tribunal, Kamrup for adjudication and to ascertain as to whether the petitioner is an illegal migrant or not.