TAHURA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. I.H. Saikia, learned counsel for the petitioner. Also heard Mr. A. Kalita, learned counsel for the authorities under the State of Assam appearing for the Foreigners Tribunal and Border Affairs, Ms. U. Das learned counsel for the authorities under the NRC, Mr. A.I. Ali, learned counsel for the authorities under the Election Commission of India and Ms. G. Sarma, learned counsel appearing for the Union of India.

(2.) The petitioner was referred by the Superintendent of Police Border of Goalpara district for an adjudication by the Illegal Migrants (Determination) Tribunal, Goalpara as to whether she is a foreigner who had entered the territory of India after 25.03.1971 resulting in IMDT Reference Case No.513/03. Upon the Illegal Migrants (Determination by Tribunal) Act, 1983 being declared ultra vires by the Supreme Court, the reference made against the petitioner was transferred to the Foreigners Tribunal No.5, Goalpara and was renumbered as FT Case No. FT/5/86/MA/17.

(3.) The Tribunal by its order dated 07.08.2018 in FT Case No. FT/5/86/MA/17 had given the opinion that the petitioner is a foreigner who had entered into Assam after the cutoff date of the year 1971. Being aggrieved, the present writ petition is preferred against the said order dated 07.08.2018.