AROTI BALA MANDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. MU Mahmud, learned counsel for the petitioner as well as Ms. G. Sarmah, learned counsel for respondent No.1; Mr. UK Nair, learned Senior Special Standing Counsel, Foreigners' Tribunal, for respondent Nos. 2, 3, and 4.

(2.) By this petition, under Article 226 of Constitution of India, the petitioner has challenged the legality and validity of the order dated 30.12.2016 passed by the learned Member, Foreigners' Tribunal, Bongaigaon No. 2nd, Abhayapuri, in BNGN/FT/Case No.965/2009 whereby the petitioner/ opposite party has been held to be a foreigner having entered into India from Bangladesh illegally subsequent to 25.03.1971.

(3.) This case was initially forwarded by the Supdt. of Police (B), Bongaigaon through IMDT No.1640/2003 expressing doubt about the nationality of the writ petitioner/opposite party with a prayer to decide as to whether the writ petitioner/opposite party is a foreigner or illegal migrant. Subsequently, in view of the Govt. W.T. Message in this regard, the case stood transferred to the Foreigners' Tribunal Bongaigaon 2nd, Abhaya-puri for decision as per Foreigners' Tribunal Act.