JAHURA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Both the petitions based on more or less same set of facts with the same issue involved, were heard analogously and are being disposed of by this common judgment and order.

(2.) The petitioners involved in these two writ petitions have been declared as foreigners and illegal migrants to India by the Illegal Migrants (Determination) Tribunal (IMDT), Barpeta consequent upon which the Superintendent of Police, Barpeta has issued orders directing the petitioners to remove them sellves from India within 15 days from the date of service of notice. Being aggrieved by the orders passed by the Tribunal and the consequent notices issued by the Superintendent of Police, Barpeta, the petitioners have in- voked the writ jurisdiction of this Court by filing the writ petitions.

(3.) In both the writ petitions the basic ground towards assailing the legality and validity of the orders passed by the Tribunal is the same, i.e non-receipt of any notice from the Tribunal towards passing the orders declaring them to be illegal migrants to India. It is their pleaded case that no notice was served on them in respect of the proceedings before the Tribunal and the impugned judgments and orders have been passed behind their back in violation of the principles of natural justice. According to the petitioners they were not aware of the proceedings in the Tribunal before passing the impugned judgments and orders and according to them on that score alone the impugned orders are liable to be set aside and quashed.