SHUNAHAR ALI (MD.) Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S.C. Pandit, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC for respondent no.1; Mr. G. Sarma, learned standing counsel for respondent nos. 2 and 3; and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for respondent no.4.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Md. Shunahar Ali, has assailed the impugned opinion dtd. 30/8/2017, passed by the learned Member, Foreigners Tribunal 1, Nalbari, in F.T. (Nal) Case No. (N) 21/2012, arising out of S.P. Reference No. 73/11, by which he was declared to be a foreigner of post 25/3/1971 stream.

(3.) The learned counsel for the petitioner has submitted that the petitioner was not served with the main grounds on which he was suspected to be a foreigner and therefore, the petitioner did not get a reasonable opportunity to defend himself. Moreover, it was submitted that as the petitioner was born in India in the year 1985, he is a citizen of India by birth and the proceeding was not maintainable.