RANJIT CHOUDHURY Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard Mr. P.C. Dey, learned counsel for the petitioner, Ms. G. Sharma, learned Central Government Counsel and Mr. M. Bhagawati, learned Govt. Advocate, Assam.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner has challenged the legality and validity of order dated 24.02.2016 passed by the learned Member, Foreigners Tribunal, Nagaon, Court No.7, at Lanka, in FT Case No.255/2015 declaring the petitioner to be a foreigner liable to be deported from India.

(3.) A reference was made by the Nagaon police under the Foreigners Act, 1946 alleging that petitioner was a foreigner of post 1971 stream. Initially, the reference was registered at Nagaon but after creation of Foreigners Tribunal at Lanka, this reference was transferred to the present Tribunal whereafter it was re-registered as FT/L/Case No.255/2015. Notice was issued by the Tribunal to the petitioner and on receipt of notice, petitioner appeared along with his counsel and filed written statement. He gave evidence as his witness and also exhibited eight documents. Learned Member on consideration of evidence adduced and other materials on record, came to the conclusion that the petitioner had failed to discharge his burden under Section 9 of the Foreigners Act, 1946, that he was an Indian citizen and not a foreigner. Consequently, vide impugned order dated 24.02.2016, opinion was rendered that petitioner was a foreigner who had illegally entered into India (Assam) after 25.03.1971 and thus liable to be deported.