Ujjal Bhuyan, J.

Heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. F.U. Barbhuiya, learned counsel for the petitioners in both the cases. We have also heard Mr. S.P. Choudhury, learned Govt. Advocate, Assam for the respondents.

2. Challenge made in both the writ petitions is to the notices issued to the petitioners by the Foreigners Tribunal, Bongaigaon No. 2 at Abhayapuri (Tribunal) on the ground that the notices do not contain the grounds of reference.

3. At the outset, it would be apposite to briefly narrate the facts of the two cases so that the challenge is examined in the proper perspective.

WP(C) No. 3805/2016:-

4. In this case, Tribunal issued notice dated 16.02.2016 to the petitioner, namely, Md. Dukhi Ali informing him that a reference was made by the Superintendent of Police (Border), Bongaigaon with the allegation that he had entered into India illegally from Bangladesh on or after 25.03.1971 without any document and since then he has been residing in Assam illegally. The reference was registered as Case No. BNGN/APR/FT 06/2016. Petitioner was called upon to submit written statement and also to adduce evidence.

5. On receipt of notice, petitioner submitted a petition before the Tribunal on 14.06.2016 stating that his name was Dukhu Miah and that his father's name was Eyasin Ali but notice was wrongly issued to Md. Dukhi Ali, son of late Easir Ali. Therefore, prayer was made to discharge him from the proceeding as the reference was against another person.

6. On 18.05.2016, Tribunal called for a report from the Superintendent of Police (Border), Bongaigaon regarding the actual and correct name of the petitioner and his father. Superintendent of Police (Border), Bongaigaon submitted his report to the Tribunal on 02.06.2016. As per the report, a thorough re-investigation was carried out whereafter it was confirmed that petitioner Dukhi Ali was also known as Dukhu Miah as that was his local name and that his father's name was Easin Ali who was also known as Easir Ali. Therefore, it was concluded that Dukhu Miah and Dukhi Ali was one and the same person.

7. Faced with such report upon re-investigation, Tribunal fixed 13.06.2016 as the date for filing written statement and documents.

8. At this stage, petitioner again filed a petition before the Tribunal contending that the notice served upon him did not contain the grounds on which he was alleged to be a foreigner. It was further contended that a copy of the main grounds was required to be served upon the petitioner separately alongwith the notice. Therefore, prayer was made for furnishing a copy of main grounds and till such time to keep the reference proceeding in abeyance.

9. On 13.06.2016, Tribunal passed an order holding that in the notice itself the main ground of allegation/suspicion was mentioned that petitioner had illegally entered into India without any valid document from Bangladesh on or after 25.03.1971 and thereafter had been residing illegally in Assam. Therefore, it was held that the main ground was furnished to the petitioner in the notice itself. Consequently, the next date was fixed for submission of written statement and documents.

10. It was at that stage that petitioner Dukhu Miah @ Dukhi Ali filed the present writ petition, i.e., WP(C) No. 3805/2016. Notice in this case was issued on 23.06.2016 and an interim order was passed staying further proceedings in Case No. BNGN/APR/FT06/2016. WP(C) No. 4108/2016

11. Petitioner in this case is Md. Rahim Ali. This case has also followed a similar trajectory as in WP(C) No. 3805/2016. Notice in this case was issued to the petitioner by the Tribunal in connection with Case No. BNGN/APR/FT 2/27/2016 informing the petitioner that a reference was made against him by the Superintendent of Police (Border), Bongaigaon suspecting him to be a foreign national who had illegally entered into India without any document/valid proof from Bangladesh on or after 25.03.1971 and thereafter residing illegally in As