BABUL HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. I Ahmed, 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.) The petitioner was referred by the Superintendent of Police (Border) of Jorhat resulting in the registration of case JFT Case No. 1257 of 2006 in the Foreigners Tribunal, Jorhat.

(3.) By the order of 05.03.2009, the petitioner was declared to be a foreigner who entered the territory of India without valid documents after 25.03.1971. The said order is assailed in the writ petition on the ground that notice was not served by the authorities on the petitioner in the reference case.