ABDUL BARIK Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. K. Rahman, learned counsel for the petitioner and Ms. D. Das Barman, learned Govt. Advocate, Assam. Also heard Ms. U. Das, learned counsel, appearing for the State Coordinator, National Register of Citizens (NRC).

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents for furnishing him certified copies of the documents applied for in connection with FT Case No.397/2015 (State Vs. Abdul Barik) disposed of by the Foreigners Tribunal No.6, Barpeta on 12.12.2018. Case of the petitioner is that a reference was made by the Superintendent of Police (Border), Barpeta on 25.06.1998 under the then Illegal Migrants (Determination by Tribunals) Act, 1983 alleging that petitioner was an illegal migrant. Reference was registered as IMDT Case No.811/1998 before the Tribunal constituted under the said Act. After the decision of the Supreme Court in Sarbananda Sonowal Vs. Union of India, (2005) 5 SCC 665, reference was transferred to the Foreigners Tribunal constituted under the Foreigners Act, 1946 and the Foreigners (Tribunals) Order, 1964. After creation of additional Tribunals, the reference was assigned to the Foreigners Tribunal No.6, Barpeta where it was re-registered as FT Case No.397/2015.

(3.) By the opinion rendered on 12.12.2018, Tribunal declared the petitioner to be a foreigner who had illegally entered into India (Assam) from the specified territory on or after 25.03.1971.