BASANTI BISWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. D. Ghosh, learned counsel for the petitioners, 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 husband of the petitioner No.1 late Ashok Biswas was referred by the Superintendent of Police (Border), Morigaon for an adjudication as to whether he is a foreigner from the specified territory, who had entered into India after 25.3.1971. The said reference resulted in IM(D)T Case No.590/2002 before the IM(D)T, Morigaon. On the Illegal Migrants (Determination by Tribunal) Act 1983 being declared ultra-vires by the Supreme Court, the said reference was transferred to the Foreigners Tribunal No.3, Morigaon and was renumbered as FT Case No. 287/2015. By the order dated 16.5.2018, the Foreigners Tribunal No.3, Morigaon in FT (C) No.287/2015 arrived at a conclusion that the present petitioners are foreigners, who had entered the territory of India after 25.3.71.

(3.) Ms. D Ghosh, learned counsel for the petitioners has raised a contention that no reference was made by the competent authority against the present petitioners. The entire proceeding against the petitioners was based on the reference made by the Superintendent of Police (Border), Morigaon against the husband of the petitioner No.1, who had died even before the notice could be served on him.