HARIDAS DEY @ HARI DEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. G.P. Bhowmik, learned senior counsel for the appellant as well as Mr. U.K. Nair, learned senior counsel representing respondent Nos. 2, 3 and 4.

(2.) In the instant writ appeal, the appellant has assailed the judgment and order dated 06082015 passed by the learned Single Judge in the writ petition, W.P (C) No. 51992008, whereby, the writ petition was dismissed by affirming the opinionorder dated 11092008 passed by the Foreigners Tribunal, Dibrugarh. By the said opinionorder dated 11092008, the Foreigners Tribunal, Dibrugarh declared the opposite party therein, who was the petitioner in W.P (C) No. 51992008 and the appellant herein, was declared to be a foreigner, who entered illegally into India (Assam) on or after 25031971 from the specified territory.

(3.) The reference was made to the Foreigners Tribunal, Dibrugarh for determination of the status of the appellant as the opposite party under the Foreigners Act, 1946. Initially, the reference was proceeded under the provision of IM(DT) Act, 1983. After the Supreme Court decision declaring the IM(DT) Act, 1983, as unconstitutional, the reference was transferred to the Foreigners Tribunal as F.T. Case No. 152006 and the same was proceeded under the provision of Foreigners (Tribunals) Order, 1964.