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2023 Supreme(Gau) 139

ACHINTYA MALLA BUJOR BARUA, ROBIN PHUKAN
Abdul Hoque, S/o Lt Suraj Ali – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MD. M H CHOUDHURY

JUDGMENT :

AM Bujor Barua, J.

Heard Mr. MH Choudhury, learned counsel for the petitioners. Also heard Ms. L. Devi, learned counsel for the respondent No.1 being the Union of India as well as respondent No.5 being the authorities under the NRC, Ms. A Verma, learned Special Standing Counsel, Foreigners’ Tribunal for respondents No. 2, 3 and 7, Mr. A.I. Ali, learned counsel for the respondent No.4 being the Election Commission of India, and Ms. U. Das, learned Government Advocate for the respondent No.6 being the Deputy Commissioner, Morigaon.

2. The petitioners, namely, Abdul Hoque, Musstt. Amina Khatun, Ms. Sultana Begum and Md. Saddam Hussain were referred to the Foreigners’ Tribunal No.3, Morigaon for rendering an opinion as to whether they are persons who had entered the State of Assam from the specified territory subsequent to 25.03.1971, resulting in the registration of F.T. Case No.44/2015.

3. By the order dated 27.06.2018, in F.T. Case No.44/2015 an opinion was rendered by the Foreigners’ Tribunal No.3, Morigaon that the petitioners are the persons who had entered the State of Assam from the specified territory subsequent to 25.03.1971.

4. In the Writ Proceeding, the petitioners r

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