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2008 Supreme(Gau) 754

B.K.SHARMA
Abdul Hannan and Ors. – Appellant
Versus
State of Assam and Ors. – Respondent


Advocates Appeared:
A.S.Choudhury, Bobita Das, R.Chakraborty

1. By now, it is long 13 years since the reference under section 8(1) of the Illegal Migrants (Determination) Tribunal Act, 1983, for a decision by the Tribunal as to whether the petitioners were illegal migrants or not, was made. The reference was registered and numbered as IMDT/H/8/95. It is more than 6 years, the petitioners are in Assam even after the reference made against them was answered in the affirmative both by the Illegal Migrants (Determination) Tribunal ('the Tribunal') and the Illegal Migrants (Determination) Appellate Tribunal ('the appellate Tribunal'). The Tribunal and the Appellate Tribunal returned the concurrent findings of fact in support of the reference holding the petitioners to be illegal migrants to Assam after the cut off date i.e., 25.3.1971 by their orders dated 28.2.2002 and 19.7.2002 respectively. The petitioners then filed the instant writ petition way back in 2002, (26.8.2002) and after the interim order of stay of the orders of the Tribunal passed on 3.9.2002, they could remain in India for long 6 years even after the aforesaid concurrent findings of fact returned by the Tribunal and the Appellate Tribunal.

2. The writ petition was entertained by o




























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