RAFIQUL ISLAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. A. Matin, learned Counsel for the petitioners and Mr. N. Goswami, learned Government Advocate, Assam.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioners seek quashing of order dated 12.09.2013 passed by the Foreigners Tribunal (2nd), Morigaon in FT (C) Case No.178/2009 (State of Assam Vs. Md. Rafiqul Islam and five others) declaring them to be foreigners under Section 2(a) of the Foreigners Act, 1946 who had illegally entered into India (Assam) for Bangladesh after 25.03.1971.

(3.) Six petitioners have joined together and have instituted the present common proceeding. Petitioner Nos. 1 and 2 are husband and wife whereas petitioner Nos. 3 to 6 are their sons and daughters, all proceedees in FT Case No. 178/2009.