Ujjal Bhuyan, J.

1. Heard Mr. M.U. Mahmud, learned counsel for the petitioner and Mr. H.K. Hazarika, learned Government Advocate, Assam.

2. By filing this petition, under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 17.02.2017, passed by the Foreigners' Tribunal 9th, Barpeta, in FT Case No. 298/2015 (State Vs. Mazor Ali), declaring the petitioner to be a foreigner, who had illegally entered in India (Assam), from Bangladesh after 25.03.1971.

3. It is seen that initially reference was made by the Superintendent of Police (Border), Barpeta under the Illegal Migrants (Determination by Tribunals) Act, 1983 (IMDT Act), which was registered as IMDT Case No. 2650/1998, with the allegation that petitioner was an illegal migrant as defined under the said Act. Be it stated that under Section 3(1)(c) of the IMDT Act, an illegal migrant was defined as a foreigner, who had unauthorizedly entered into India after 25.03.1971.

4. IMDT Act was declared unconstitutional by the Supreme Court in Sarbananda Sonowal Vs. Union of India, (2005) 5 SCC 665, whereafter the references which were pending before the Tribunals constituted under the IMDT Act were transf