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2021 Supreme(Gau) 801

Md. Abul Kalam – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :J. Sarmah, Advocate
For the Respondent:M. Barman, Advocate, S.K. Medhi, CGC, A. Kalita, Special Counsel, A. Bhuya, Standing Counsel and L. Devi, Standing Counsel

JUDGMENT :

N. Kotiswar Singh, J.

1. Heard Mr. J. Sarmah, learned counsel for the petitioner. Also heard Ms. M. Barman, learned counsel on behalf of Mr. S.K. Medhi, learned CGC; Mr. A. Bhuyan, learned Standing Counsel, ECI; Mr. A. Kalita, learned Special Counsel, FT and Ms. L. Devi, learned Standing Counsel, NRC.

2. The present petition has been filed being aggrieved by the opinion dated 20.06.2018 passed by the Member of the Foreigners' Tribunal No. 1, Morigaon, in F.T.(C) Case No. 461/2008 declaring the petitioner to be a foreigner, having illegally entered into India (Assam) after 25.03.1971.

3. Though on perusal of the impugned opinion dated 20.06.2018 it appears that the judgment was rendered after hearing the arguments and on perusal of the records, as reflected in the judgment, it has been submitted by the learned counsel for the petitioner that in fact the learned Tribunal did not hear the parties before the said opinion was rendered. The said opinion was based only on the opinion prepared by her predecessor and as such the said opinion is void.

In this regard, we have perused the original records requisitioned from the Foreigners' Tribunal.

4. On perusal of the records we have al

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