SOFIOR RAHMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. H Hoque, learned counsel for the petitioner and Mr. HK Hazarika, learned Govt. Advocate, Assam.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 16.02017, passed by the Foreigners Tribunal, Bongaigaon No. 2, Abhayapuri in Case No. BNGN/FT/3090/ 2007 (State v. Safiyur Rahman), declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.

(3.) It is seen that a reference was made by the Superintendent of Police (Border), Bongaigaon suspecting the nationality of the petitioner. Notice issued by the Tribunal was served upon the petitioner whereafter, petitioner had entered appearance before the Tribunal and filed written statement denying the allegation made that he was a foreigner by claiming to be a citizen of India by birth. Petitioner also adduced evidence, both oral as well as documentary. After hearing the matter, Tribunal passed the order dated 16.02.2017 answering the reference in favour of the State in the above manner.