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In the order of reference made by the Superintendent of Police (Border), Morigaon dated 23.11.2004, the reference was made only in respect of Pranab Debnath, son of Biraj Mohan Debnath, village Konabari, P.S. Jagiroad and the names of other persons are not mentioned in the said order of reference by the Superintendent of Police (Border), Morigaon.

35. Thus, it appears that though in course of enquiry, the names of other persons also have been mentioned as relatives of Pranab Debnath who were investigated upon, when the reference was made by the Superintendent of Police (Border), Morigaon when the IMDT Act was applicable, the reference was made only against Pranab Debnath.

From the records, even after the IMDT Act was struck down, it appears that no fresh enquiry was made and in the proceeding which was initiated before the Foreigners Tribunal under the Foreigners (Tribunals) Order, 1964, there is nothing to Page No.# 12/17 show that the investigation was carried out in respect of other family members as well.

36. Mr. Payeng, learned Standing Counsel, FT also has fairly admitted to the legal position that if there was no investigation, no reference could have been made and the proceeding, in respect of the person against whom no reference was made, would not be valid.