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 under the Foreigners Act, 1946 as BNGN/FT/Case No.1033/2007 and following creation of additional Tribunals, the reference was assigned to the Foreigners Tribunal, Bongaigaon No.2, Abhayapuri (Tribunal) for its opinion.

5. Notice issued by the Tribunal was served upon the petitioner, who, thereafter, entered appearance before the Tribunal and filed written statement. Two witnesses deposed on behalf of the petitioner including the petitioner himself as DW-1. In addition to that, a number of documents were exhibited. After hearing the matter, Tribunal passed the order dated 18.07.2016 answering the reference in favour of the State in the above manner.

6. Aggrieved, present writ petition has been filed.

7. When this writ petition was moved before the Court on 06.09.2016, it was submitted that following order passed by the Tribunal, petitioner was taken into custody. Order dated 06.09.2016 was passed by this Court issuing notice and requisitioning the case record. An interim order was passed to the effect that petitioner should not be deported from India.

8. Submissions made by learned counsel for the parties have been considered. Also perused the materials on record.

9. To appreciate the finding of the Tribunal, the record requisitioned may be perused.

10. On a perusal of the record, it is seen that as per enquiry report submitted by the Enquiry Officer before the Superintendent of Police, petitioner was found to be an original resident of village Lalkura under Sadilapur Police Station in the district of Mymansingh, Bangladesh. He had illegally migrated to India after 25.03.1971 in search of livelihood. This report was accepted by the Superintendent of Police who thereafter made the reference to the Tribunal. As per notice issued by the Tribunal to the petitioner, it was alleged that he had illegally entered into India from East Pakistan/Bangladesh and therefore was a foreigner under the Foreigners Act, 1946.

11. In response to this notice, petitioner entered appearance and filed written statement on 22.12.2014. In his written statement, petitioner stated that he was born and brought up at village Kokila Part-I under Abhayapuri Police Station in the district of Bongaigaon and since then he has been living there with his family members. He mentioned about 3 supporting documents in respect of his father Late Saheb Ali and 4 documents in respect of him.

12. This written statement of the petitioner was wholly inadequate and did not disclose any material facts. As noticed above, it was the allegation of the State that petitioner was a foreigner. Therefore, as per mandate of Section 9 of the Foreigners Act, 1946, it was the bounden duty of the petitioner to have disclosed all material facts which were specifically within his knowledge in the written statement but he