AHMED DARBESH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.A.R. Karim, learned counsel for the petitioner. Also heard Mr. A.I. 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.) On being referred by the Superintendent of Police (Border) of Dhubri, a reference was made against the petitioner under the Illegal Migrants (Determination by Tribunal) Act, 1983. Thereafter, the IM(D)T Act on being declared ultra vires by the Hon'ble Supreme Court, the reference made against the petitioner was transferred to the Foreigners' Tribunal No.8, Dhubri and was re-numbered as FT Case No. 8/50/GKJ/2017. By the ex-parte order dated 26.07.2017, the petitioner was declared to be a foreigner who entered India after 25.03.1971.

(3.) This writ petition has been preferred against the ex-parte order on the ground that notice was not duly served on the petitioner as required under the law.