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174. Mr. J. Payeng, learned counsel for the Foreigners Tribunal and Border Areas upon going through the records informs the Court that after the IMDT Act of 1983 was declared to be ultra-vires, the reference case, which was initiated against the petitioner got transferred to the Foreigners Tribunal No.1, Kamrup (M) at Guwahati and was renumbered as FT Case No.1367/2006.

Page No.# 3/3 In the circumstance, the Commissioner of Police, Guwahati shall appear before the Court on the next date fixed and justify as to why a matter which was already referred and already registered before the Foreigners Tribunal on being transferred from the IMDT was again referred on 05.01.2008 and that too by invoking the jurisdiction under a law which did not exist on the relevant date. It is stated that presently there is no Superintendent of Police (Border) City Guwahati and the office is being manned by the Commissioner of Police, Guwahati.