SAMIRAN NESSA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R Ali, 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, 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 Barpeta, reference was initiated under the IM(D)T Act, 1983 against the petitioner Samiran Nessa, wife of Md. Abdul Awal. Subsequently, on the IM(D)T Act of 1983 being declared ultra vires, the reference was transferred to the Foreigners Tribunal No.9, Barpeta and was re-numbered as FT Case No. 134 of 2015.

(3.) As the petitioner remained absent in the Tribunal, the reference was answered ex-parte by the order dated 03.08.2017. Paragraph-3 of the order dated 03.08.2017 is as follows: