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2019 Supreme(Gau) 183

ACHINTYA MALLA BUJOR BARUA, AJIT BORTHAKUR
MD. MAJIBAR RAHMAN S/O. LT. ABED ALI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: MS U. DAS

JUDGMENT :

Heard Ms. U. Das, learned counsel for the petitioner, Mr. UK Nair, learned senior counsel for the State of Assam, appearing for the Foreigners’ Tribunal and Border Areas, Ms. V. Verma, learned Standing Counsel for the authorities under the NRC, Ms. G. Sarma, learned counsel for the authorities under the Union of India.

2. The petitioner was referred by the Superintendent of Police, Borders, Darrang, Mangaldoi for adjudication as to whether he is foreigner, who had entered in the territory of India from the erstwhile East Pakistan to Assam after 25.03.1971, which resulted IM (D)T Case No. 8863/1998 before the Illegal Migrants (Determination) Tribunal, Mangaldoi. Upon the IM(D)T Act, 1983 being declared ultra vires by the Supreme Court of India, the reference made against the petitioner was transferred to the Foreigners Tribunal No. 4, Darrang, Mangaldoi and renumbered as FT(4th) Case No. 133/2015.

3. Before the Tribunal, the petitioner appeared and took stand in the written statement that the name of his grandmother appeared in the voter list of 1966 pertaining to village -Ojhagaon under No. 72 Mangaldoi Legislative Assembly Constituency at Sl No. 591, Block No. 9 and House









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