FAKARUDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. U Dutta, learned counsel for the petitioner. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Mr. A Kalita, learned counsel for the State of Assam appearing for the Foreigners' Tribunal and Border Areas 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, an IM(D)T case was registered against the petitioner. Upon the IM(D)T Act of 1983 being declared ultra vires, the reference was transferred to the Foreigners Tribunal No.3, Morigaon and was renumbered as FT (C) Case No.252 of 2015.

(3.) By the order dated 28.08.2018, the Tribunal had declared the petitioner to be a foreigner who entered the State of Assam subsequent to 25.03.1971. Being aggrieved, the present writ petition is preferred.