SANTI RANJAN DEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned counsel representing the contesting parties.

(2.) Heard Mr. K. N. Choudhury, learned Addl. Advocate General, Assam whose assistance has been sought for by this Court considering the importance and seriousness of the issue raised in this batch of writ petitions that pertains to impact of striking off the Illegal Migrants (Determination by Tribunals) Act, (39 of 1983) (for short, 'the Act') as being ultra-vires by the Supreme Court in a case of Sarbananda Sonowal Vs. Union of India & Anr. reported in AIR 2005 SC 2920, upon the pending cases before this Court preferred against the appellate orders passed by the Illegal Migrants Appellate Tribunals (for short, 'the Appellate Tribunals') constituted under the Act.

(3.) In this host of writ petitions preferred under Article 226 of the Constitution, most of the orders passed by the Appellate Tribunals have been assailed on the ground of violation of the principles of natural justice. Some are against non-consideration of the relevant documents and/or non-appreciation of material evidence on record. Few are against the rejection of condonation applications in preferring; the belated appeals before the Appellate Tribunals.