ABDUL ALI ALIAS ABDULLA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition under Article 226/227 of the Constitution has been directed against the order dated 17.8.91 passed by Illegal Migrants (Determination) Appellate Tribunal, Assam, Silchar dismissing the appeal case No. 92/1991 preferred by the petitioners on the ground that it is barred by the law of limitation.

(2.) The case of the petitioners, as is evident from Para-2 of the writ petition, is that the petitioner No. 1 along with the petitioner No.2 came to India from East Pakistan (now Bangladesh in 1951 and initially settled at Biswanath Chariali in the district of Darrang. After about a year in 1952, they shifted to Silchar in the district of Cachar and settled there permanently constructing ,-es on Govt. land which was subsequently allotted to them. The petitioner No. 2 is the wife of the petitioner No. 1 and the petitioners No. 3 to 5 are their children bom and brought up at Silchar within the territory of India. It is further averred that the petitioner No. 3 was born in 1957, the petitioner No. 4 was born in 1959 and the petitioner No. 5 was born in 1961. The petitioner No. 3 was also a student of Haji Keramatulla L. P. School and Govt Boys' M.E. School situated at Silchar from the year 1965 to 1977. That apart, the names of the petitioners No 1 and 2 also appeared in the voters list of 1966 for the Silchar Legislative Assembly Constituency against S1. No. 194 and 195 respectively.

(3.) A reference under Section 8(1) of the Illegal Migrants (Determination) Tribunal Act, 1983 led to initiation of Silchar I/O Case No. 125/86 against the petitioners. In the foresaid case before the Tribunal, the petitioners in their written statement asserted that they were citizens of India and produced oral and documentary evidence. But the learned Tribunal after appreciation of evidence on record came to a finding that the petitioners came to India on or after 25.3.71. The petitioners being aggrieved by the aforesaid order of the learned Tribunal, preferred an appeal before the appellate Tribunal. But the appellate Tribunal without going into the merits of the case, rejected the same on the ground that the appeal is barred by time. Hence, the petitioners moved this court invoking its jurisdiction under Articles 226/22? of the Constitution.