JAMALUDDIN SHEIKH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. Paul, learned counsel for the petitioner. Also heard Mr. AI 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 (B), Bongaigaon, Case No. BNGNFT (CHR) 1246/08 was registered against the petitioner. Subsequently upon bifurcation of the district Bongaigaon, the reference was transferred to the Foreigners Tribunal, Chirang and by the ex-parte order dated 11.07.2017, the petitioner was declared to be a foreigner who came into India on 25.03.1971.

(3.) Paragraph 3 of the order dated 11.07.2017 provides that notices were issued on 02.06.2017, which were returned back on 17.06.2017 and 05.07.2017 respectively, without being served on the proceedee.