JUDGMENT :

KALYAN RAI SURANA, J.

1. Heard Mr. F.U. Barbhuiya, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC, appearing for the respondent no. 1. Mr. J. Payeng, learned special counsel for the Home Department, representing respondent nos. 3, 6 and 7, Mr. H.K. Hazarika, learned Junior Govt. advocate appearing for respondent no. 3. None appears on call for respondent no. 5.

2. By an opinion dated 25.05.2018, passed by the learned Member, Foreigners’ Tribunal 2nd Nagaon in F.T. Case No. 820/2011, bearing S.P. Ref. IMDT Case No. 393/2002, the petitioner, Sahjahan Ali, was declared to be a foreigner who has entered into India after 25.03.1971 from the specified territory i.e., Bangladesh. The said opinion has been assailed in this writ petition filed under Article 226 of the Constitution of India.

3. The case record was called for and received from the learned Tribunal. The case record reveals that the Superintendent of Police (B), Nagaon had lodged an FIR which was registered as IM(D) T Case No. 393/2002 dated 29.06.2002, inter alia, alleging that the petitioner was an illegal migrant. In this connection, the Inquiry Officer (I.O. for short) who was the then S.I.