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2021 Supreme(Gau) 684

Hafiz Uddin – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. M. Ali
For the Respondent: Ms. L. Devi, Mr. R.K.D. Choudhury, Ms. A. Verma, Mr. A. Bhuyan and Ms. U. Das

JUDGMENT :

N. KOTISWAR SINGH, J.

Heard Mr. M. Ali, learned counsel for the petitioners. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K.D. Choudhury, learned Asstt. SGI, for respondent No. 1; Ms. A. Verma, learned special counsel, F.T. appearing for respondent Nos. 3, 6 and 7; Mr. A. Bhuyan, learned standing counsel, ECI, appearing for respondent No. 2, Ms. L. Devi, learned standing counsel, NRC, appearing for the respondent No. 4 and Ms. U. Das, learned State counsel, Assam, appearing for the respondent No. 5.

2. Records have been received and we have perused the records.

3. In this petition the petitioners have challenged the impugned order dated 20.9.2019 passed by the Foreigners Tribunal No. 5, Nagaon, Assam, in F.T. Case No. 4547/2019, by which the petitioners were declared foreigners of post-1971 stream.

3.1 Learned counsel for the petitioners submits that without going to the merit of the case, in view of the fact that the Tribunal went beyond the reference, it would be sufficient for this court to interfere with the findings arrived at by the Foreigners Tribunal.

4. It is the case of the petitioners that as per the report of the Inquiring Authority, there w

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