DINESH CHANDRA SAHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) PETITIONER No. 1 and Petitioner No. 2 are both husband and wife while petitioner No. 3 is the daughter and petitioner Nos. 4 and 5 are their sons. They together filed this instant writ petition under Article 226 of the Constitution of India for setting aside the judgment dated 18. 9. 2000 passed by the learned President, the Illegal Migrants (Determination) Appellate Tribunal, Assam, Guwahati passed in Appeal Case No. 3 of 2000 and also the order dated 28. 12. 99 passed by the Superintendent of Police, Nagaon, Assam and further to issue direction to the respondent authorities forbearing from giving effect to the impugned judgment dated 18. 9. 2000 and order dated 28. 12. 1999.

(2.) A reference was made under Section 8 (1) of the Illegal Migrants (Determination by Tribunal) Act, 1983 to render a decision whether the petitioner Nos. 1 and 2 both husband and wife, resident of Ward No. 2, Hojai town and their family members are illegal migrants within the meaning of Section 3 (c) of Illegal Migrants (Determination by Tribunal) Act, 1983. The allegation brought in are that both petitioner Nos. 1 and 2 and their family members are illegal migrants who entered into Indian Territory after 25th March 1971. Having been filed the said reference, writ petitioners appeared and contested the reference by filing written statement wherein they inter alia pleaded that they and their children are all citizens of India and they never entered into Indian Territory illegally after 25. 3. 1971. Their specific case is that petitioner No. 2 Bandana Rani Saha entered into her marriage in the year 1956 at Udaipur in Tripura with petitioner No. 1 and later they both obtained citizenship certificate from Tripura. Thereafter they shifted to Hojai in the year 1967 and took shelter in the house of a related brother Sri Binod Bihari Saha. Subsequently, they shifted to their house situated at Kalibari road under Hojai P. S. Where two sons, petitioner Nos. 4 and 5 were born to them. In support of their claim they examined three witnesses while the state examined two witnesses including the Investigating Officer. Learned Tribunal at the closure of the reference held that the writ petitioners are illegal migrants and they entered into the Indian Territory long after 1971. The reference was decided against them by the learned Tribunal on the ground of non-production of valid documents to substantiate their claim. Against the judgment of the tribunal an appeal was preferred before the Illegal Migrants (Determination) Appellate Tribunal, Assam, Guwahati and the appellate tribunal by its judgment dated 18. 9. 2000 also dismissed the appeal.

(3.) FEELING aggrieved, this instant writ petition has been filed by the writ petitioners.