AMINUR ALI @ AMINOOR ISLAM Vs. UNION OF INDIA
LAWS(GAU)-2018-12-93
HIGH COURT OF GAUHATI
Decided on December 04,2018

Aminur Ali @ Aminoor Islam Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

NANI TAGIA,J. - (1.) Heard Mr. DP Chaliha, learned Senior Counsel for the petitioner as well as Ms. G. Sarmah, learned counsel for respondent No.1; Mr. U.K. Nair, learned Senior Special Standing Counsel, Foreigners' Tribunal for respondent Nos. 2, 5, 6, 7 and 8; Ms. N. Upadhyay, learned counsel for respondent No.3 and Ms. U. Das, learned counsel for respondent No.4.
(2.) By this petition, under Article 226 of the Constitution of India, the petitioner has challenged the legality and validity of the order dated 29.06.2018 passed by the learned Member, Foreigners' Tribunal No. 4th, Kamrup (M), Assam in F.T. Case No. 784/2017 whereby the petitioner/ opposite party has been held to be a foreigner, who had entered the State of Assam (India) post 25.03.1971.
(3.) Reference case against the petitioner was initially initiated by Senior Supdt. of Police (B), Guwahati vide Case No. 635/2006 dated 27.04.2007 expressing doubt about the nationality of the proceedee, namely, Md. Aminoor Islam, S/o Md. Khudu Seikh, village- Amerbitha, PS and Dist.- Dhubri, Assam, presently residing at C/o Mr. BK Jain, SIBT Site (High Tech), ASTC Kathabari, PS- Fatasil Ambari, Dist. Kamrup, Assam, under the Foreigners' Act, 1946, asking for an opinion as to whether the proceedee is an illegal migrant or foreigner. Thereafter, reference stood transferred to Foreigners' Tribunal, No.4th, Kamrup (M), Assam and new F.T. Case No. -FT(G-4) 784/2017 was registered. Notice was accordingly issued to the proceedee.;


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