BISHWANATH MANDAL AND 5 ORS Vs. UNION OF INDIA AND 5 ORS
LAWS(GAU)-2018-7-88
HIGH COURT OF GAUHATI
Decided on July 26,2018

Bishwanath Mandal And 5 Ors Appellant
VERSUS
Union Of India And 5 Ors Respondents

JUDGEMENT

M.R. Pathak, J. - (1.) Heard Mr. SD Purkayastha, learned counsel for the petitioners. Also heard Ms. G. Sarma, learned CGC, appearing for respondent No.1, Mr. A I Ali, learned Standing Counsel, Election Commission of India appearing for respondent No.2, Mr. A. Kalita, learned Special Standing Counsel, Foreigners Tribunal & Border appearing for respondent Nos.3, 5 and 6 and Ms. U. Das, learned Standing Counsel, NRC, Assam appearing for respondent No.4.
(2.) Petitioner No. 2 herein is the wife of petitioner No.1 and both petitioner Nos.1 and 2 are the parents of petitioner Nos. 3 to 6.
(3.) Brief facts of the case is that the Superintendent of Police (Border), Morigaon referred the case against the petitioners to the Illegal Migrants (Determination) by Tribunal, Nagaon being Reference IM(D)T Case No. 1018/2002 with the allegations that the petitioners, resident of Village-Saru Matiparbat under Jagiroad (Nellie) Police Station in the District of Morigaon (Assam), had illegally entered into India (Assam) after 25.03.1971 for easy livelihood from Bangladesh and they could not produce any documents in support of being Indian citizen at the time of verification and investigation. The said reference was later transferred to the Foreigners Tribunal No.1st Morigaon, Assam wherein it was registered as Case No. F.T.(C) 459/2010.;


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