Ujjal Bhuyan, J.

1. Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. A. Matin, learned Counsel for the petitioners and Mr. N. Goswami, learned Government Advocate, Assam. By filing this petition under Article 226 of the Constitution of India, petitioners seek quashing of order dated 12.09.2013 passed by the Foreigners Tribunal (2nd), Morigaon in FT (C) Case No. 178/2009 (State of Assam v. Md. Rafiqul Islam and five others) declaring them to be foreigners under Section 2(a) of the Foreigners Act, 1946 who had illegally entered into India (Assam) for Bangladesh after 25.03.1971.

2. Six petitioners have joined together and have instituted the present common proceeding. Petitioner Nos. 1 and 2 are husband and wife whereas petitioner Nos. 3 to 6 are their sons and daughters, all proceedees in FT Case No. 178/2009.

3. It appears that Superintendent of Police (Border), Morigaon had made reference under the Illegal Migrants (Determination by Tribunals) Act, 1983 (IMDT Act) with the allegation that petitioners were illegal migrants 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. The said reference was registered as IM(D)T Case No. 343/2001 before the Tribunal constituted under the IMDT Act.

4. IMDT Act was declared unconstitutional by the Supreme Court in Sarbananda Sonowal v. Union of India, (2005) 5 SCC 665. All the references which were pending before the Tribunals constituted under the IMDT Act were directed to be transferred to the Tribunals constituted under the Foreigners Act, 1946 read with the Foreigners (Tribunals) Order, 1964. Accordingly, the related reference was transferred to the Foreigners Tribunal (2nd), Morigaon (Tribunal) for opinion where it was re-registered as FT (C) Case No. 178/2009.

5. Notice issued by the Tribunal was duly served upon the petitioners who thereafter entered appearance before the Tribunal and filed written statement denying the allegation made that they were foreigners by claiming to be citizens of India. Petitioners also adduced evidence, oral as well as documentary. State also adduced evidence.

6. After hearing the matter, Tribunal passed the order dated 12.09.2013 answering the reference in favour of the State in the above manner.

7. Aggrieved, present writ petition has been filed.

8. This Court by order dated 19.06.2014 had issued notice while requisitioning the case record and passed an interim order to the effect that petitioners should not be detained and deported from India subject to their appearance before the Superintendent of Police (Border), Morigaon and furnishing of adequate surety.

9. Submissions made by learned Counsel for the parties have been duly considered. Also perused the record, including the record requisitioned from the Tribunal.

10. From a perusal of the Tribunal's order dated 12.09.2013, it is seen that Tribunal had appreciated whatever evidence were tendered by the petitioners whereafter it returned the finding that petitioners were foreigners who had illegally entered into India (Assam) from Bangladesh after 25.03.1971. This is a finding of fact based on appreciation of evidence. Ordinarily a writ Court would not interfere with such a finding of fact unless there is violation of the principles of natural justice, non-adherence to the procedure laid down, in this case the procedure laid down under the Foreigners (Tribunals) Order, 1964 or if it is a case of perversity, because the jurisdiction exercised under Article 226 of the Constitution of India is supervisory and not appellate. Notwithstanding the same, we have once again looked into the materials on record to re-assure ourselves about the correctness or otherwise of the finding recorded by the Tribunal.

11. Record discloses that an enquiry was conducted by the Superintendent of Police (Border), Morigaon regarding the citizenship status of the petitioner