LEGAL HEIRS ASHMAT KHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. MU Mondal, learned counsel for the petitioners, Mr. A Ali, learned counsel for the Election Commission of India, Mr. A. Kalita, 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 father of the petitioners was referred by the Superintendent of Police (Border), Dhubri resulting in the registration of FT Case No.1816/K/1997 before the Foreigners Tribunal at Dhubri. The father of the petitioners upon receipt of notice, entered appearance, but had neither submitted any written statement nor adduced any evidence. In the circumstance, the Tribunal by the order dated 31.5.1997 had declared him to be a foreigner who had entered Assam between 1.1.1966 and 25.3.1971. But as required under the law, the father of the petitioners had not registered himself with the Foreigners Regional Registration Officer at Kokrajhar.

(3.) But, in the meantime, the father of the petitioners died on 02.10.2015. Upon his death, the petitioners are prejudiced that the declaration by the Foreigners Tribunal against their father will have its affect as to whether the petitioners themselves are foreigners or not. In the circumstance, the present writ petition has been preferred.