MONODUTI NANDI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Mr. J. Payeng, 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.) The petitioners were referred by the Superintendent of Police, Borders, Nagaon for a determination as to whether they are foreigners, who had entered India from the erstwhile East Pakistan to Assam between 1966 to 1970 and since then have been residing in the village No.1, Pipal- Pukhuri, P.S: Lanka. The petitioners appeared before the Tribunal and submitted their written statement but thereafter, remained absent and did not participate in the further proceedings.

(3.) Before the Tribunal, the Investigating Officer had deposed that when he had visited the place where they were staying and had required them to produce any relevant document to show that they had entered India prior to 1966, the petitioners had failed. Based on the aforesaid material being produced, the Tribunal by its order dated 16.06.1993 had declared that the petitioner came to India from the erstwhile East Pakistan between the years 1966 and 25.03.1971.