GULJAN BIBI Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the petitioners have challenged the opinion dated 27.07.2018 passed by the learned Member, Foreigners Tribunal- 5th, Morigaon, Assam in Case No. F.T.(C)199/2016 (New) corresponding to Case No. F.T. (C) 1293/2012 (Old) by which the petitioners herein including the deceased petitioner No.2, namely, Md. Ahmod Ullah were declared to be foreigners post 25.03.1971.

(2.) The Superintendent of Police (B) Morigaon had submitted a reference against (1) Md. Ahmod Ullah (dead), (2) Gule Khatun, wife of Md. Ahmod Ullah, (3) Siddique Ali, son of proceedees No.1 and 2, (4) Ajahar Ali, son of Siddique Ali, (5) Tara Banu, wife of Siddique Ali, and (6) Rabiya, daughter of Siddique Ali, all residents of Village- Saruchala, under P.S. Moirabari, Dist. Morgiaon, Assam. In the said reference, it was alleged that they are suspected illegal migrants who had entered into India (Assam) on or after 25.03.1971.

(3.) Initially the said reference was registered as I.M.(D.)T. Case No.791/2002 dated 31.07.2002. The said case was then re-registered before the Foreigners Tribunal as F.T. Case No.1293/2012 and the same was again re-numbered as F.T.(C) 199/2016.