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2018 Supreme(Gau) 1508

UJJAL BHUYAN, NELSON SAILO
Md. Rahim Ali – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. H.R.A. Choudhury, Mr. F.U. Borbhuiya
For the Respondent: Mr. S.P. Choudhury

JUDGMENT :

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 submi































































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