NAJRUL ISLAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S.B. Rahman, learned counsel for the petitioner as well as Ms. G. Hazarika, learned counsel representing the respondent No. 1 whereas Ms. B. Das, learned counsel appears for the respondent No. 2. Mr. J. Payeng, learned counsel appears for respondent Nos. 3 to 5. Ms. A. Verma, learned counsel appears for the respondent No. 6.

(2.) By this petition under Article 226 read with Article 227 of the Constitution of India, the petitioner assails the order, dated 01.06.2018, passed by the Foreigners' Tribunal No. 7, Barpeta in F.T. Case No. 234/2017 declaring the petitioner to be a foreigner who had entered into India (Assam) on or after 25.03.1971.

(3.) Be it mentioned here that based on a reference made by the Superintendent of Police (Border), Barpeta vide Reference No. IM(D)T No. 7047/98, expressing doubt about the nationality of the petitioner, initially R/IM(D)T Case No. 7047/98 was registered. However, as the Hon'ble Supreme Court, by its Judgment and Order rendered in Sarbananda Sonowal Vs. Union of India, reported in (2005) 5 SCC 665 declared the IM(D) T Act , 1983 and the rules made thereunder, as ultra-vires the constitution of India and accordingly, struck down the instant reference stood transferred to the Foreigners' Tribunal, whereupon registered as F.T. Case No. 234/17 in the Foreigners' Tribunal at Barpeta, which was subsequently transferred to the Foreigners' Tribunal No. 7 at Barpeta for opinion.