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2023 Supreme(Gau) 1259

M. R. PATHAK, N. UNNI KRISHNAN NAIR
Monir Uddin, S/o Lt. Tahir Ali – Appellant
Versus
Union of India Rep. By The Secretary to The Govt. Of India, Home Department, North Block, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. L. Wajeeda, Advocate
For the Respondent:Mr. K.K. Parasar, Central Govt. Counsel, Mr. J. Payeng, Standing Counsel, Mr. P. Sarmah, Additional Senior Government Advocate

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Ms. L. Wajeeda, 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, 3, 6 & 7 and Mr. P. Sarmah, learned Additional Senior Government Advocate, Assam for respondent Nos. 4 & 5.

2. The petitioner, by instituting the present proceedings, has assailed the order/opinion dated 22.02.2017 passed by the learned Member, Foreigners’ Tribunal No. 7 at Lanka, Nagaon in F.T./L Case No. 74/2015 declaring the petitioner to be a foreigner, who had illegally entered into the territory of India (Assam) after 25.03.1971 without valid authorization.

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

On a reference being made by the Superintendent of Police (Border), Nagaon suspecting the petitioner to be a foreigner, F.T./H Case No. 4591/2010 came to be registered. However, on creation of the Foreigners Tribunal No. 7, Nagaon at Lanka (Hojai), the said case was transferred and renumbered as F.T./L Case No. 74/2015.

4. The petitioner

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