UJJAL BHUYAN, NELSON SAILO
Basiron Nessa – Appellant
Versus
Union of India – Respondent
Ujjal Bhuyan, J.
1. This case was heard on 07.05.2018 and today is fixed for delivery of order(s). We have heard Mr. M.A. Sheikh, learned counsel for the petitioner and Mr. U.K. Nair, learned Senior Special Counsel, Foreigners' Tribunal (FT).
2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 13.07.2017, passed by the Foreigners' Tribunal No. 1, Kamrup (Rural), Ulubari, Guwahati, in GFT (R) Case No. 03/2017 (State Vs. Musstt Basiran Nessa), declaring the petitioner to be a foreigner, who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.
3. After the aforesaid order was passed, petitioner was taken into custody.
4. This Court by order dated 06.09.2017, had issued notice while requisitioning the case record and passed an interim order to the effect that petitioner should not be deported from India until further order(s).
5. Mr. Sheikh, learned counsel for the petitioner submits that the fact that petitioner was the daughter of Late Barek Ali was proved by the Gaonburah (DW-2), who had not only issued certificate to that effect (Exhibit-A), but also proved the same by deposing before the Tribun
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