FALANI BIBI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Heard Mr. M.U. Mondal, learned counsel for the petitioner and Mr. H. K. Hazarkia, learned Govt. Advocate, Assam.

(2.) This Court by order dated 21.11.2015 had issued notice while requisitioning the case record. Aninterim order was passed suspending the operation of the impugned order dated 02.11.2015 subject to appearance of the petitioner before the Superintendent of Police (Border), Dhubri.

(3.) Primary contention of Mr. Mondal, learned counsel for the petitioner is that in the enquiry preceding the reference, enquiry officer had prima facie found the petitioner to be a foreigner belonging to the specified territory having illegally entered into Assam during the period from 01.01.1966 to 24.03.1971. This was also the reference made by the Superintendent of Police. Tribunal had noted the terms of the referenceyet Tribunal went beyond the terms of the reference by declaring the petitioner to be a foreigner of post 25.03.1971 stream which was beyond its jurisdiction. In support of his contention, learned counsel for the petitioner has placed before us a recent judgment of this Court in Santosh Das v. Union of India reported in 2017 (2) GLT 1065 .