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2024 Supreme(Gau) 446

M. R. PATHAK, SANJAY KUMAR MEDHI
Aitullah Paramanik S/o Late Abu Bakkar @ Bakkar Ali – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A Mobaraque
For the Respondent: Asstt.S.G.I., Shri J. Payeng, SC-Home Dept., Shri R. Talukdar, GA, Shri AI 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 21.06.2018 passed by the learned Foreigners Tribunal (2nd), Nalbari, in F.T.(NAL) Case No. 21/2017. 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), Nalbari District, against the petitioner giving rise to the aforesaid F.T.(NAL) Case No. 21/2017.

(ii) As per requirement under Section 9 of the Foreigners Act, 1946 to prove that the proceedee is not a foreigner, the petitioner had filed the written statement on 21.02.2017 along with certain documents in said FT(NAL) Case No. 21/2017 before the learned Foreigners Tribunal (2nd), Nalbari.

(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 petitioner as opposite part

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