MD. MANNAS ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. P.C. Dey, learned counsel for the petitioner. Also heard Mr. R.K.D. Choudhury, learned DSGI for respondent no.1; Mr. J. Payeng, learned Standing counsel for FT and Border matters, for respondent no. 2 and 3; Mr. H.K. Hazarika, learned Govt. Advocate for respondent no.4; and Ms. M. Singha, learned counsel appearing on behalf of Mr. S. Katakey, learned standing counsel for respondent no.5.

(2.) In view of the issue involve in this review petition, as notice has been issued vide order dtd. 7/4/2026, the matter has been heard.

(3.) The petitioner was a proceedee in Case No. NFT. (No.3) 784/16(D) [corresponding to D/Case No. 995/98], which was a reference made before the Foreigners Tribunal 3rd, Nagaon, Assam. Despite notice being duly served in accordance with the Foreigners (Tribunals) Order, 1964, and on failure of the petitioner to contest the proceeding and prove his Indian citizenship, the reference was answered by the learned Foreigners Tribunal in favour of the State and against the petitioner, vide ex parte opinion dtd. 10/5/2018, passed by the learned Member, Foreigners Tribunal 3rd, Nagaon, thereby declaring him to be a foreigner of post 1971 stream under Sec. 2(a) of the Foreigners Act, 1946.