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2008 Supreme(Gau) 415

H.BARUAH
Dinesh Chandra Saha – Appellant
Versus
State of Assam – Respondent


JUDGMENT

H. Baruah, J.

1. Petitioner No. 1 and Petitioner No. 2 are both husband and wife while petitioner No. 3 is the daughter and petitioner Nos. 4 and 5 are their sons. They together filed this instant writ petition under Article 226 of the Constitution of India for setting aside the judgment dated 18.9.2000 passed by the learned President, the Illegal Migrants (Determination) Appellate Tribunal, Assam, Guwahati passed in Appeal Case No. 3 of 2000 and also the order dated 28.12.99 passed by the Superintendent of Police, Nagaon, Assam and further to issue direction to the respondent authorities forbearing from giving effect to the impugned judgment dated 18.9.2000 and order dated 28.12.1999.

2. A reference was made under Section 8(1) of the Illegal Migrants (Determination by Tribunal) Act, 1983 to render a decision whether the petitioner Nos. 1 and 2 both husband and wife, resident of Ward No. 2, Hojai town and their family members are illegal migrants within the meaning of Section 3(c) of Illegal Migrants (Determination by Tribunal) Act, 1983. The allegation brought in are that both petitioner Nos. 1 and 2 and their family members are illegal migrants who entered into Indian Terri
















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