RUBINA BIBI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A Hussain, learned Counsel for the petitioner, Ms. G. Sarma, learned Counsel for the Central Government and Mr R Dhar, learned Government Advocate, Assam.

(2.) By filing this petition under Article 226 of the Constitution of India petitioner seek quashing of order dated 31.10.2015 passed by the Foreigners Tribunal No.7, Dhubri at Bilasipara in FT 7th Dhubri Case No.66/BBR/15 declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.

(3.) Initially a reference was made by the Superintendent of Police (Border), Dhubri under the Illegal Migrants (Determination by Tribunals) Act, 1983 against the petitioner with the allegation that petitioner was an illegal migrant under the said Act. After the aforesaid Act was declared unconstitutional by the Supreme Court in Sarbananda Sonowal Vs. Union of India, (2005) 5 SCC 665, the reference was re-registered under the Foreigners Act, 1946 and the Foreigners (Tribunal) Order, 1964 and after setting up of additional tribunals, the reference came to be registered as Foreigners Tribunal 7th Dhubri Case No. 66/BBR/15 and assigned to Foreigners Tribunal No.7, Dhubri at Bilasipara (Tribunal) for opinion.