AMBIA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. J. Islam, learned counsel for the petitioner. Also heard Ms. A. Verma, learned Standing Counsel, FT; Mr. M. Islam, learned counsel on behalf of Mr. A. I. Ali, learned SC, ECI; Mr. P. Sarma, learned Addl. Sr. Govt. Advocate, Assam and Mr. P. S. Lahkar, learned Central Government Counsel appearing on behalf of the respondents.

(2.) By preferring this writ petition under Article 226 of the Constitution of India, the opinion rendered on 7/6/2019 by the learned Member of the Foreigners Tribunal, Kamrup (Rural) No. 1 in GFTR Case No. 1546/2016, declaring the petitioner herein, namely, Ambia Khatun, as a foreigner or illegal immigrant of the post 25th day of March, 1971 stream, has been challenged.

(3.) The brief facts leading to the institution of this petition is that on consideration of the verification report submitted by the Local Verification Officer in respect of the petitioner herein, the Electoral Registration Officer made a reference to the Superintendent of Police (B) Kamrup, requesting him to take necessary action under the Illegal Migrants (Determination By Tribunals) Act 1983 and the Foreigners Act 1946 and the Rules framed thereunder. The Superintendent of Police(B), Kamrup accordingly, registered Case No. 690/1998, and entrusted a Sub Inspector to enquire into the matter. On receipt of the enquiry report, it was forwarded to the IM(D)T, Guwahati (Camp at Nalbari) for determination of nationality of the petitioner herein.