SANTOSH DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. H.A. Sarkar, learned counsel for the petitioner, Ms. P. Baruah, learned counsel for the Central Government and Mr. G. Pegu, learned Govt. Advocate, Assam.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 011.2016 passed by the Foreigners Tribunal, Chirang in BNGN/FT(CHR)/295/08 declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from the specified territory after 25.03.1971.

(3.) In this case, reference was initially made under the Illegal Migrants (Determination by Tribunals) Act, 1983 but after declaration of the said Act as unconstitutional by the Supreme Court in Sarbananda Sonowal v. Union of India, (2005) 5 SCC 665, the reference was re-registered under the Foreigners Act, 1946 read with Foreigners (Tribunals) Order, 1964, as amended, as BNGN/FT(CHR)/295/2008 and after creation of additional Tribunals, the reference was assigned to the Foreigners Tribunal, Chirang (Tribunal) for opinion.