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2022 Supreme(Gau) 175

N.KOTISWAR SINGH, SOUMITRA SAIKIA
Md. Tafajjul Hussain @ Tafajjul Hussain, Son of Md. Abbas Ali @ Abbas Ali – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Appellant : Mr. I. Hussain, Adv.
For the Respondents: Mr. J. Payeng, F.T Ms. L. Devi, Mr. R. K. Devchoudhury Mr. A. Bhuyan, learned Counsel, ECI.

JUDGEMENT :

Soumitra Saikia, J.

This Writ petition is filed by the petitioner, Md. Tafajjul Hussain @ Tafajjul Hussain, who has challenged the order dated 11.10.2019 passed by the Member, Foreigner’s Tribunal, Nagaon Court No.10th at Sankardev Nagar (Doboka), Hojai, Assam, in case No. FT(D) Case No.880/2015.

2. Upon a reference made to the Foreigner’s Tribunal, Nagaon Court No.10th at Sankardev Nagar (Doboka), Hojai, Assam vide reference No.S.P.(B)’s F.T. Case No.332/2015, the present Foreigner’s Tribunal case was registered against the petitioner. The petitioner was suspected to be a foreigner, who had entered Assam, on or after 25th of March, 1971 from the specified territory i.e. Bangladesh without any valid documents. The Tribunal initiated the reference by serving Notice on the petitioner. The petitioner appeared before the Tribunal and filed his Written Statement and produced documents in support of his case that he is not an alien, who had entered Assam from the specified territory. The petitioner also presented 2 (two) witnesses as defence witnesses to support his case before the Tribunal. The Tribunal examined the materials presented before the Tribunal but however, declined

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