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2021 Supreme(Gau) 620

N.KOTISWAR SINGH, MANISH CHOUDHURY
Mahar Uddin Ali – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S.Z.B. Aklas and Mr. M.A. Sheikh
For the Respondent: Mr. B. Deka and Mr. G. Sarma

JUDGMENT :

N. KOTISWAR SINGH, J.

1. Heard Mr. M.A. Sheikh, learned counsel for the petitioner. Also heard Mr. B. Deka, learned CGC appearing for respondent No. 1; Mr. G. Sarma, learned special counsel, F.T. for respondent Nos. 2, 3,4 and 5.

2. In this petition the petitioner has challenged the opinion dated 10.4.2017 passed by the learned Foreigners Tribunal, Baksa (BTAD), Tamulpur in F.T. Case No. 126/BAKSA/2016 arising out of Ref. IM(D)T Case No. 339/2002.

3. The petitioner was proceeded on a reference being made against him by the referral authority that the petitioner, Md. Mahar Uddin Ali, aged about 40 years, son of late Inchu Ali @ Md. Imus Ali, resident of No. 2 Goreswar Village, Police Station Goreswar, Distt. Baksa (now) earlier under the then district Kamrup Assam, is an illegal entrant to India (Assam). As per the records, it appears that the reference was made on the basis of an inquiry conducted by the concerned authorities and finding that the petitioner is suspected to be an illegal immigrant from Bangladesh.

4. Accordingly, on the basis of the said reference, the Foreigners Tribunal, Baksa at Tamulpur initiated the proceeding against the petitioner. On being summoned, th

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