Ujjal Bhuyan, J.

Heard Mr. H.R.A. Choudhury, learned Senior counsel for the petitioner, Ms. P. Baruah, learned counsel for the Central Government and Mr. G. Pegu, learned Govt. Advocate, Assam.

2. This case was heard on 06.04.2017 and today is fixed for delivery of order. Accordingly, order is being delivered.

3. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 18.07.2016 passed by the Foreigners Tribunal, Bongaigaon No.2, Abhayapuri in BNGN/FT/Case No.1033/2007 declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from the specified territory after 25.03.1971.

4. It is seen that initially, reference was made by the Superintendent of Police (Border), Bongaigaon under the Illegal Migrants (Determination by Tribunals) Act, 1983 suspecting the petitioner to be an illegal migrant as defined under the said Act. The reference was registered as IM(D)T Case No. BNGN/04/2005 before the Tribunal constituted under the said Act. After the aforesaid Act was declared unconstitutional by the Supreme Court in Sarbananda Sonowal v. Union of India, (2005) 5 SCC 665, the reference was re-registered