ABDUL BAREK Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. PN Sharma, learned counsel for the petitioners and Mr. J Payeng, learned counsel appearing for the Foreigners' Tribunal and Border Areas. Also heard Mr. AI Ali, learned counsel for the Election Commission of India 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), Morigaon, FT Case No.115 of 2016 was registered in the Foreigners Tribunal No.3, Morigaon.

(3.) The Tribunal issued notice to 1.Barek Ali, son of Late Tabal Hussain, 2. Musstt. Saida Khatun, wife of Barek Ali and 3. Musstt. Rabiya Khatun also shown as wife of Barek Ali. The report of the process server states that when the petitioner was approached for receiving the notice, she had refused to accept the same. Accordingly, the notice was put up in the wall of the house where the petitioner resided. In the resultant situation, an exparte order dated 28.09.2016 was passed declaring the petitioners to be foreigners who entered the State of Assam after 25.03.1971.