ORDER

Date : 13-09-2022 Heard Mr. U. Dutta, learned counsel for the petitioners and Ms. L. Devi, learned CGC on behalf of Mr. R K Dev Choudhury, Asstt. SGI for the respondent No. 1, Union of India. Also heard Mr. G. Sharma, learned Standing counsel, Foreigners’ Tribunal, Assam for the respondent Nos. 2; 3 & 4 as well as Mr. N.K. Das, learned Government Advocate, Assam for the respondent No. 5.

For proper adjudication of the case, the Election Commission of India represented by the Chief Election Commissioner of India, Nirvachan Sadan, Asoka Road, New Delhi-110001 be impleaded as party respondent No. 6, in the present proceeding.

Accordingly, the petitioners are directed to correct the cause title by hand during the course of the day.

Mr. A. Bhuyan, learned Standing Counsel, Election Commission of India has entered appearance on behalf of the newly impleaded respondent No. 6.

On being aggrieved against the opinion/order dated 14.03.2018 passed by the learned Member, Foreigners’ Tribunal No.1, Morigaon, in Case No. FT(C) 721/2010 whereby, the present petitioners were declared foreigners under the Foreigners Act 1946, who entered into India (Assam), on or after 25.03.1971, they have preferred the present application under Article 226 of the Constitution of India for issuance of writ of Certiorari and/or any other appropriate writ, order or direction of like nature praying to set aside the said impugned opinion/order dated 14.03.2018.

Mr. U. Dutta, learned counsel for the petitioners has placed reliance on the judgment passed by a Division Bench of this Court in the case of Sudhir Roy & Others -Vs- Union of India of India & Others, reported in 2019 (1) GLT 353 = 2019 (2) GLT 61 as well as a full Bench decision of this Court passed in the case of State of Assam & Others -Vs- reported in

2013 (1) GLT 809.

On the other hand, Mr. J. Payeng, learned Standing counsel, Foreigners’ Tribunal has placed reliance in the cases of Sudhir Roy and Ors -Vs- Union of India & Others, reported in 2019 (2) GLT 61; Bahej Ali @ Bhajuddin Sk -Vs- Union of India & Others [WP(C) No. 7526/2017] decided on 11.12.2017 and Jyotsna Biswas @ Jyotsna Mazumdar -Vs- Union of India & 2 Others [(WP(C) 7618/2015] decided on 07.05.2018.

Brief facts of the case is that, a reference was made by the Superintendent of Police (Border), Morigaon vide Case No. 429/2002, dated 29.04.200 to the Tribunal, Morigaon under the Illegal Migrants (Determination by Tribunals) Act, 1983 [in short I.M.(D).T.Act] during its force. After the Judgment of the Hon’ble Supreme Court of India in the case of Sarbananda Sonowal -Vs- Union of India and Another (I), reported in (2005) 5 SCC 665 whereby the provisions made in said IM(D)T Act and the IM(D)T Rules, 1984 framed under the said 1983 Act were declared as ultra vires of the Constitution of India and were struck down, the said reference was subsequently transferred before the Foreigners’ Tribunal No. 1, Morigaon wherein it was registered as Case No. FT(C) 721/2010.

The said Tribunal in the Case No. FT(C) 721/2010 issued notice to Abdul Kadir, son of Late Ahmmad as well as the petitioners alleging that they had illegally entered into the territory of India (Assam) on or after 25.03.1971 from Bangladesh as during enquiry, they could not produce any documents in support to prove themselves as Indian Citizen and asked them to show cause within the time specified to prove that they are not foreigners under the Foreigners’ Act, 1946.

On receiving notice, the present petitioners namely, Md. Abdul Kasem and Musst. Aysha Khatun along with one Abdul Kadir appeared before the said Tribunal, contested the case by filing their written statement on 19.10.2016 as well as some relevant documents denying the allegation leveled against them of being foreign nationals.

Hearing both sides and considering the materials in record as well as the evidence adduced by the petitioners and said Abdul Kadir, the Foreigners’ Tribunal No. 1, Morigaon by the impugned opinion/order d