JUDGMENT :

(M. Nandi, J.)

Heard Ms. T. Begum, learned counsel for the petitioner. Also heard Mr. J.Payeng, learned Standing Counsel, FT matters; Ms. P. Baruah, learned Standing Counsel, ECI and Mr. P. Sarma, learned Government Advocate, Assam.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed to set aside the impugned order dated 13.12.2022, passed by the learned Member, Foreigners’ Tribunal, Bajali in F.T. Case No.381/2017, declaring the petitioner as foreigner who entered into India after 25.03.1971.

3. A police reference case was made against the petitioner. The Superintendent of Police (B), Barpeta forwarded the case to the Foreigners’ Tribunal, Bajali for adjudication. The case was registered vide F.T Case No.381/2017. On receipt of the summons, the petitioner appeared before the Tribunal and filed his written statement. In his written statement, the petitioner stated that he is a labour by profession. In his absence the Enquiry officer took his name and no enquiry was made to know his original identity and in support of his citizenship. But Superintendent of Police (B), Barpeta referred the case suspecting the opposite part