SAMAD ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. N Ahmed, learned counsel for the petitioner. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Mr. J Payeng, learned counsel for the State of Assam appearing for the Foreigners' Tribunal and Border Areas, 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.) Before the Tribunal, although the notice was served, the petitioner failed to appear. In the circumstances, the Foreigners' Tribunal, Dhubri by the order dated 16.03.2000 in connection with F.T. Case No.82/D/1999 had declared the petitioner to be a foreigner who entered into India between 01.01.1966 to 25.03.1971 and accordingly required him to registered before the Regional Foreigners Registration Office of the Dhubri.

(3.) Although upon being declared to be a person, who came into the territory of India between 01.01.1966 and 25.03.1971, a person is required to register himself/herself with the Regional Foreigners Registration Office of the concerned district but in the instant case, the petitioner had not done so. As the petitioner was not registered, the authorities sought to deport him from the territory of India and in the said circumstances, this writ petition has been preferred.