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2024 Supreme(Gau) 424

M. R. PATHAK, SANJAY KUMAR MEDHI
Shibu Debnath S/o Late Ramesh Chandra Debnath – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A R Sikdar
For the Respondent: DY.S.G.I., Shri A. Kalita, SC- Home Dept., Shri R. Talukdar, GA – Assam, Shri A.I. Ali, 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 02.06.2023 passed by the learned Foreigners Tribunal No.1, Bongaigaon, Assam in F.T. Case No. BNGN/FT/1636/08. By the impugned judgment, the petitioner, who was the proceedee before the learned Tribunal, has been declared to be a foreigner post 25.03.1971.

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

 

    (i) The reference was made by the Superintendent of Police (Border), Bongaigaon District, against the petitioner giving rise to the aforesaid F.T. Case No. BNGN/FT/1636/08.

(ii) As per requirement u/S 9 of the Foreigners Act, 1946 to prove that the proceedee is not a foreigner, the petitioner had filed the written statement on 08.11.2021 along with certain documents before the Foreigners Tribunal No. 1, Bongaigaon on receipt of notice under the above noted 1946 Act from the said Tribunal.

(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

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