ACHINTYA MALLA BUJOR BARUA, AJIT BORTHAKUR
Basanti Biswas – Appellant
Versus
Union of India – Respondent
ACHINTYA MALLA BUJOR BARUA, J.
1. Heard Ms. D. Ghosh, learned counsel for the petitioners, Mr. A Ali, learned counsel for the Election Commission of India, Mr. J. Payeng, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border Affairs, Ms. A. Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.
2. The husband of the petitioner No. 1 late Ashok Biswas was referred by the Superintendent of Police (Border), Morigaon for an adjudication as to whether he is a foreigner from the specified territory, who had entered into India after 25.3.1971. The said reference resulted in IM(D)T Case No. 590/2002 before the IM(D)T, Morigaon. On the Illegal Migrants (Determination by Tribunal) Act 1983 being declared ultra-vires by the Supreme Court, the said reference was transferred to the Foreigners Tribunal No. 3, Morigaon and was renumbered as FT Case No. 287/2015. By the order dated 16.5.2018, the Foreigners Tribunal No. 3, Morigaon in FT (C) No. 287/2015 arrived at a conclusion that the present petitioners are foreigners, who had entered the territory of
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