ANIMA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S Banik, learned counsel for the petitioner. Also heard Mr. A Ali, learned counsel for the Election Commission of India, Mr. J Payeng, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border Affairs, Ms. A Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

(2.) The petitioner was initially referred under the Illegal Migrants (Determination by Tribunal) Act, 1983 (for short, the Act of 1983) resulting in IMDT Case No.1766/2003 before the IM(D)T, Nalbari. Upon the Act of 1983 being declared ultra vires by the Supreme Court, the reference against the petitioner was transferred to the Foreigners Tribunal at Nalbari and renumbered as F.T.(Nal) B.Case No.807/2007(old). Thereupon on bifurcation of the Nalbari district resulting in the creation of Baksa district, the reference against the petitioner was again transferred to the Foreigners Tribunal at Baksa at Tamulpur and further renumbered as in FT Case No.325/ Baksa/2015.

(3.) The reference against the petitioner was given a final consideration by the Foreigners Tribunal at Baksa as per the order dated 23.11.2016 by which an opinion was given that the petitioner is a foreigner and had entered India after 25.03.1971 without any valid document and without any authority. The order of 23.11.2016 of the Foreigners Tribunal Baksa in F.T.Case No.325/Baksa/2015 has been assailed in the present writ petition.