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2018 Supreme(Gau) 1396

UJJAL BHUYAN, AJIT BORTHAKUR
RUKIA BEGUM – Appellant
Versus
UNION OF INDIA – Respondent


Advocate Appeared:
For the Appellant :Mr. M.A Choudhury, Advocate and Mr. M.K. Sharma and Mr. I Rafique, Advocates
For the Respondent:Mr. J Payeng, Advocate

ORDER :

UJJAL BHUYAN, J.

1. Heard Mr. MA Choudhury, learned counsel for the petitioner and Mr. J Payeng, learned Special Counsel, Foreigners Tribunal (FT).

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 14.10.2015, passed by the Foreigners Tribunal-I, Karimganj in FT Case No.156/2011 (State v. Rukia Begum), declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.

3. This Court by order dated 08.11.2016 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 her appearance before the Superintendent of Police (Border), Karimganj and furnishing of adequate surety.

4. Smti. Leena Doley, Addl. Superintendent of Police (HQ), Karimganj has filed an affidavit on behalf of Superintendent of Police (Border), Karimganj, respondent No.4, supporting the order passed by the Tribunal.

5. Mr. Choudhury, learned counsel for the petitioner submits that Tribunal was not justified in excluding Exts-1 and 6 from consideration. He further submits that there was no objection t



























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