BAHEJ ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned Senior counsel for the petitioner, Ms. P. Baruah, learned Central Govt. counsel and Ms. D. Das Barman, learned Govt. Advocate, Assam.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 20.04.2017 passed by the Foreigners Tribunal No.7, Dhubri at Bilasipara in FT-7th Dhubri Case No.31/CPR/17 (State Vs. Bahej Ali) declaring the petitioner to be a foreigner of post 25.03.1971 stream who had illegally entered into India from the specified territory.

(3.) It appears that reference was made against the petitioner Bahej Ali and his wife Mustt. Surjyavanu Bibi by the Superintendent of Police (Border), Dhubri under the Illegal Migrants (Determination by Tribunals) Act, 1983 (IMDT Act) with the allegation that they were illegal migrants as defined under the IMDT Act. It may be mentioned that under Section 3(1)(C) of the IMDT Act, an illegal migr ant was defined as a foreigner who had unauthorisedly entered into India after 25.03.1971.