BADRUL HOQUE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. T. K. Dey, learned counsel for the petitioner. Also heard Mr. G. Sarma, learned Standing Counsel for the FT matters and NRC; Mr. H. Kuli, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel for the Election Commission of India, Mr. U. K. Goswami, learned Central Govt. Counsel and Mr. P. Sarmah, learned Additional Senior Government Advocate, Assam for the State respondents.

(2.) By preferring this writ petition under Article 226 of the Constitution of India, an opinion rendered on 7/11/2018 by the learned Foreigners Tribunal No.10th, Nagaon at Sankardev Nagar, Hojai in F.T. Case No.399/2015 arising out of SP's FT Case No. 514/2013 has been assailed, praying for interfering with the said opinion and for appropriate writ directing the respondents not to deport the petitioner from India. By the said opinion, the petitioner was declared to be a foreigner who entered into the territory of India (specifically Assam) on or after 25/3/1971 from the specified territory (i.e. Bangladesh) without any valid document.

(3.) The brief facts leading to the institution of this writ petition is that, on the basis of an enquiry conducted under his orders, the Superintendent of Police (Border), Nagaon, Assam had forwarded the records of Case No. 514/2013 Barpeta, which related to the present petitioner, for an opinion as to whether the proceedee/writ petitioner was an illegal migrant in the Country.