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2017 Supreme(Gau) 411

UJJAL BHUYAN, PARAN KUMAR PHUKAN
Rashminara Begum, W/o Manirul Islam – Appellant
Versus
Union of India, Represented by the Secretary to the Ministry of Home Affairs, Govt. of India, New Delhi – Respondent


Advocates Appeared:
For the Petitioner: Mr. N. Dutta, Sr. Adv., Mr. M. U. Mahmud, Adv.
For the Respondent:Mr. D. K. Saikia, Addl. AG, Assam, Advocate

JUDGMENT AND ORDER :

U. Bhuyan, J.

1. Heard Mr. N. Dutta, learned senior counsel and Mr. M. U. Mahmud, learned counsel appearing for the petitioner. Also heard Mr. D. K. Saikia, learned Additional Advocate General, Assam.

2. This case was heard on 16.05.2017 and today is fixed for delivery of judgment. Accordingly, judgment is dictated in the open court.

3. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 31.10.2016, passed by the Foreigners Tribunal No. 2, Goalpara in F.T. 2. Case No.29/K/2015 declaring the petitioner to be an illegal migrant who had illegally entered into India (Assam) from the specified territory i.e., Bangladesh after 25.03.1971.

4. It appears that on a reference made by the Superintendent of Police (Border), Goalpara with the allegation that petitioner was an illegal migrant as above, FT 2 Case No.29/K/2015 was registered before the Foreigners Tribunal No.2, Goalpara (Tribunal). Notice issued by the Tribunal was served upon the petitioner where after she had entered appearance and filed written statement denying the allegation made, by claiming herself to be a citizen of India by birth. Petitioner also
















































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