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2023 Supreme(Gau) 1258

M. R. PATHAK, N. UNNI KRISHNAN NAIR
Mustt. Jabeda Khatun, D/o. Lt. Nimar Ali – Appellant
Versus
Union of India, Rep. by The Secretary, Ministry of Home Affairs, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. A.I Uddin, Advocate.
For the Respondent:Mr. K.K. Parasar, Central Government Counsel, Mr. J. Payeng, Standing Counsel, Mr. P. Sarmah, Additional Senior Government Advocate

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. A.I. Uddin, learned counsel for the petitioner and Mr. K.K. Parasar, learned Central Government Counsel for the respondent No. 1. Also heard Mr. J. Payeng, learned Standing Counsel, Home Department, Assam for respondent Nos. 2, 4, 5 & 6 and Mr. P. Sarmah, learned Additional Senior Government Advocate, Assam for respondent No. 3.

2. The petitioner, by instituting the present proceeding, has assailed the order/opinion dated 27.01.2017 passed by the learned Member, Foreigners’ Tribunal No. 7, Nagaon at Lanka (Hojai) in F.T./L Case No. 287/2015 arising out of the reference made by the Superintendent of Police (Border) of erstwhile district Nagaon in SPs Case No. 480/2013 declaring the petitioner to be a foreigner of post 1971 stream.

3. The basic facts requisite for adjudication of the issue(s) arising in the present proceedings are narrated herein below:

The Superintendent of Police (Border), Nagaon, Assam had submitted a reference against the petitioner suspecting her to be a foreigner having entered into Assam post 25.03.1971. The learned Foreigners’ Tribunal, Hojai at Sankardev Nagar, on receipt of the reference, registered a Case being F.T

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