MUKBUL HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. SA Ahmed, learned counsel for the petitioner as well as Ms. G. Sarmah, learned counsel for respondent No.1; Mr. J. Payeng, learned counsel for respondent Nos. 3, 5, & 6; Ms. N. Upadhyay, learned counsel for respondent No.2 and Ms. U. Das, learned counsel for respondent No.4.

(2.) By this petition, under Article 226 of Constitution of India, the petitioner has challenged the legality and validity of the order dated 24.07.2018 passed by the learned Member, Foreigners' Tribunal, No. 10th, Barpeta, in F.T. Case No. 370/2016 whereby the writ petitioner/ opposite party has been held to be a foreigner of post 1971 stream, who had illegally entered into the territory of India (Assam) from the specified territory after 25.03.1971.

(3.) This case was initially forwarded by the Supdt. of Police (B), Barpeta through IM(D)T No.4155(B)/1998 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. Notification dated 05.07.2006, the case stood transferred to the Foreigners' Tribunal No.10 th, Barpeta for decision as per the Foreigners' Act.