Ujjal Bhuyan, J.

1. Heard Mr. AS Bhattacharjee, learned Senior Counsel assisted by Mr. SG Bhattacharjee, learned counsel for the petitioner and Mr. N Goswami, learned Govt. Advocate, Assam. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 08.12.2015, passed by the Foreigners' Tribunal No. 5, Dhubri in FT Case No. FT-5/G/15/2015 (Union of India v. Basiron Bibi), declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.

2. From the materials on record, it is seen that initially the reference was made by the Superintendent of Police (Border), Dhubri under the Illegal Migrants (Determination by Tribunals) Act, 1983 (IMDT Act) with the allegation that petitioner was an illegal migrant as defined under the said Act. The reference was registered as IMDT Case No. 6404/1998 before the Tribunal constituted under the IMDT Act. Under the aforesaid Act, an illegal migrant was defined as a foreigner who had unauthorizedly entered into India after 25.03.1971.

3. Be it stated that the IMDT Act was declared unconstitutional by the Supreme Court in Sarbananda Sonowal