Ujjal Bhuyan, J.

1. Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. FU Borbhuiya, learned counsel for the petitioner and Mr. J Payeng, learned Standing Counsel, Foreigners Tribunal. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 26.04.2016, passed by the Foreigners Tribunal, Nagaon Court No. 7th at Lanka in FT/L/Case No. 25/2015 (State v. Jainaluddin), declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.

2. This Court by order dated 31.05.2016 had issued notice while requisitioning the case record and passed an interim order to the effect that petitioner should be allowed to remain on bail subject to his appearance before the Superintendent of Police (Border), Hojai and furnishing of adequate surety.

3. Learned counsel for the petitioner submits that petitioner is the son of Lt. Moin Uddin, who was a citizen of India and, therefore, he is a citizen of India. The fact that petitioner is the son of Moin Uddin was acknowledged by the Tribunal itself when it had issued notice to the petitioner describing him as son of Moin Uddin.