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2024 Supreme(Gau) 422

M. R. PATHAK, SANJAY KUMAR MEDHI
Sayed Ali And Anr. S/o- Lt. Jahur Ali – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri A. R. Sikdar, Adv.
For the Respondent: Ms. A. Verma, SC- Home Dept., Shri R. Talukdar, GA – Assam, Shri H. Kuli, SC, ECI

 

 

The extra-ordinary jurisdiction of this Court has been sought to be invoked by filing this application under Article 226 of the Constitution of India by putting to challenge the opinion rendered vide impugned order dated 28.03.2019 passed by the learned Foreigners Tribunal No. 7th, Lanka, Hojai in F.T. Case Nos. 1078/2016 and 1227/2016. By the impugned judgment, the petitioners, who were the proceedees before the learned Tribunal, have been declared to be foreigners post 25.03.1971.

2. The facts of the case may be put in a nutshell as follows:

 

    (i)The references were made by the Superintendent of Police (Border), Hojai District, against the petitioners giving rise to the aforesaid F.T. Case Nos. 1078/2016 and 1227/2016.

(ii) As per requirement under Section 9 of the Foreigner’s Act, 1946 to prove that the proceedee is not a foreigner, both the petitioner no. 1 and petitioner no. 2 had filed the written statement on 06.08.2018 and 10.08.2018 respectively along with certain documents.

(iii)The learned Tribunal, after considering the facts and circumstances and taking into account of the provisions of Section 9 of the Foreigners’ Act, 1946 had come to a finding that the petitioners, as

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