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 v. Union of India, reported in (2005) 5 SCC 665 whereafter, it was re-registered as Case No. FT-5/G/15/2015 under the Foreigners' Act, 1946 read with the Foreigners' (Tribunals) Order, 1964 and after creation of additional Tribunals, it was assigned to the Foreigners' Tribunal No. 5, Dhubri (Tribunal) for opinion. Notice issued by the Tribunal was served upon the petitioner whereafter, petitioner had entered appearance before the Tribunal and filed written statement along with copies of certain documents denying the allegation that she was a foreigner by claiming to be a citizen of India. She also adduced evidence, both oral and documentary.

4. After hearing the matter, Tribunal passed the order dated 08.12.2015 answering the reference in favour of the State by declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from the specified territory i.e., Bangladesh on or after 25.03.1971.

5. This Court by order dated 08.03.2016 had issued notice while requisitioning the case record. An interim order was passed to the effect that petitioner should not be deported from India subject to her appearance before the Superintendent of Police (Border), Dhubri.

6. Thereafter, petitioner filed an affidavit on 24.08.2017, which will be adverted to in due course.

7. Mr. Bhattacharjee, learned Senior Counsel submits that Tribunal had adopted a too technical approach in answering the reference. For minor discrepancies in the names and age of persons in the voters' list, Tribunal had disbelieved the entire version of the petitioner. Referring to a judgment of this Court in Abdul Matali @ Mataleb (Md.) v. Union of India, reported in 2015 (2) GLT 617, he submits that such discrepancies should not be given undue weightage by the Tribunal to discard the evidence of the petitioner. He has referred to the averments made in the additional-affidavit as well as the documents annexed thereto i.e., school certificate issued by the Headmaster of No. 1783 Sater Alga LP School, Dhubri and contends that the said document establishes linkage of the petitioner with her father. Therefore, the case should be remanded back to the Tribunal for a fresh consideration.

8. On the other hand, learned Govt. Advocate, Assam strongly supports the order passed by the Tribunal and submits that Tribunal had considered whatever evidence were tendered by the petitioner and thereafter had returned a finding of fact that petitioner is a foreigner of post 25.03.1971 stream who had illegally entered into India (Assam) from Bangladesh. Such a finding of fact may not be interfered with by the writ court in a proceeding under Article 226 of the Constitution of India. Therefore, writ petition is liable to be dismissed.

9. Submissions made by learned counsel for the parties have been c