SUHAGI NESSA Vs. UNION OF INDIA

JUDGEMENT

(1.) Date 01-11-2019 (Ajit Borthakur, J) Heard Mr. FZ Mazumdar, learned counsel for the petitioner as well as Mr. J Payeng, learned Counsel representing respondent nos. 2, 3 and 4. Ms. G Hazarika, learned counsel appears for respondent no. 1 whereas Ms. A Verma, learned counsel appears for the respondent no. 6. Ms. B Das, learned counsel represents respondent No.5.

(2.) By this petition under Article 226 of the Constitution of India, the petitioner assails the order opinion, dated 09.01.2019, rendered by the Foreigners Tribunal No. 7, Barpeta, Assam in F.T. Case No. 4612016 (corresponding to RIM(D)T Case No.288297) declaring her to be a foreigner, who had entered into India (Assam) on or after 25.03.1971 and accordingly, answered the reference in the affirmative.

(3.) The reference was originally made by the Superintendent of Police (Border), Barpeta, Assam under the Illegal Migrants (Determination by Tribunals) Act, 1983, ('IMDT Act' for short) vide Reference IM(D)T No.288297 to render opinion regarding the petitioner's nationality. However, as the Hon'ble Supreme Court 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 and struck down the said Act, the reference stood transferred to the Foreigners Tribunal at Barpeta and accordingly, registered as FT Case No. 4612016.