JUDGMENT :

N. Kotiswar Singh, J.

1. Heard Mr. M.U. Mondal, learned counsel for the applicant. Also heard Mr. B. Sarma, learned CGC appearing for respondent No. 1; Mr. G. Sarma, learned Special Counsel, F.T. for respondent Nos. 3, 4, 6, 7 & 10; Ms. B. Das, learned standing counsel, ECI, appearing for respondent No. 2, 8 & 9 and Ms. L. Devi, learned Standing Counsel, NRC, for respondent no. 5.

2. In this petition the petitioner has challenged the notice issued by the Foreigners Tribunal, Baksa in F.T. Case No. 159/BAKSA/2019 on 18.11.2019. The notice issued to the petitioner, being crucial and critical for decision of this Court, is reproduced herein below:

"S.P. (Border)'s Reference No. BSA/B.27/2019/1045 Date. 18.11.2019

Whereas by the above reference, the SP(Border) Baksa district made a reference to the undersigned to render opinion as per provision of order 2 (1) Foreigners (Tribunal) Orders, 1964, on the ground that you have illegally entered into Assam without any valid documents post 24.03.1971 and residing in Assam and

Whereas the reference reveals that you could not produced any valid documents before the police during enquiry/verification regarding your Indian Citizenship within the stipulated period of time, and;

Whereas on the grounds made on the reference, you are suspected to be an illegal migrant.

Therefore, as per provision of Order 3(1) of the Foreigners (Tribunal) Orders, 1964, you are asked to appear in person or by a concern lawyer engaged by you before this Foreigners Tribunal on 26.02.2021 at 10 A.M. to show cause supported by valid documents as admissible to prove that you are not a foreigner/illegal migrant as required under Section 9 of the Foreigners Act, 1946.

Upon failure to response to this notice on your part, the Tribunal shall proceed to decide the reference ex-parte."

3. From above, it is clear that the Foreigners Tribunal, Baksa proceeded against the petitioner on the premise that the proceedee/petitioner is suspected to be an illegal immigrant entering Assam without any valid documents after 24.03.1971. It is now well settled that the proceeding before the Tribunal will be initiated by the Tribunal only when a reference is made. It is also settled by this Court in many decisions that the Tribunal gets the jurisdiction to decide only in respect of the reference and if reference is made for opinion of the Tribunal as to whether a person is a foreigner or not within the meaning off Section 2(a) of the Foreigners Act, 1946 and having entered India during a particular period of time, the reference has to be answered only with reference to the period of time referred to. In this regard one may refer to; Section 6A of the Citizenship Act, 1955 where a special provision has been made for the State of Assam. Under Section 6A of the Citizenship Act, 1955 it has been provided that if a person has entered into Assam on or after 01.01.1966 but before 25.03.1971 from a specified territory and since his entry from that date, has been ordinarily resident of Assam, but has been detected as a foreigner, he will get the benefit of getting citizenship of this country on completion of 10 years, provided he gets himself registered with the competent authority. However, said benefit has not been given to those persons who have entered in Assam on or after 25.03.1971. Thus, as provided under Section 6A of the Citizenship Act, 1955, persons who have been declared foreigners can be categorised into 2 categories: (i) who have entered into Assam during the period of 01.01.1966 and before 25.03.1971 and (ii) those, who have entered into Assam on or after 25.03.1971, entailing each category of person with different consequences and liabilities as referred to above. It is in that context the referral authority has to make a specific query and seek opinion from the Tribunal with reference to the period of entry of the concerned proceedee. It is in that context, this Court had intervened when a reference was made as to whether the pr