Migrants
(Determination by Tribunals) Act, 1982 (hereinafter
referred to as the “ IMDT Act ”), suspecting the
appellant to be an illegal migrant on the ground
that ... Case
No.(N)1096/06 upon the IMDT Act being declared
33
unconstitutional by this Court in Sarbananda Sonowal
I (supra) on 12.07.2005.
30. Consequently
enactment, whose provisions have been
superseded by Section 4 of the IMDT Act, is The Passport (Entry into
India) Act, 1920 . Sub-section ... entry into India without a passport.
However, Section 4 of the IMDT Act has stripped the Central Government
of its power of removal of such
Illegal Migrants (Determination by Tribunals) Act, 1983 ("the IMDT
Act ", for short) as ultra vires the Constitution of India, primarily on the
ground ... 1816/2020 & WP(C) No.3514/2021
10.3. After the IMDT Act was struck down, the Central Government
made the Foreigners (Tribunals) Amendment Order
Border), Barpeta under the Illegal Migrants
(Determination by Tribunals) Act, 1983 (IMDT Act , in short) with the allegation that the
petitioner was an illegal migrant ... defined under IMDT Act . Section 3(1)(C) of the IMDT Act
defines an illegal migrant as a foreigner who had unauthorizedly entered into India
enactment, whose provisions have been
superseded by Section 4 of the IMDT Act, is The Passport (Entry into
India) Act, 1920 . Sub-section ... entry into India without a passport.
However, Section 4 of the IMDT Act has stripped the Central Government
of its power of removal of such
certain provisions of the
Illegal Migrants (Determination by Tribunals) Act, 1983 [“ IMDT Act ”
for the sake of brevity], a Union enactment attempting to detect ... disturbances
as enjoined in Article 355 of the Constitution.
67... the IMDT Act and the Rules made thereunder
clearly negate the constitutional mandate contained
certain provisions of the
Illegal Migrants (Determination by Tribunals) Act, 1983 [“ IMDT Act ”
for the sake of brevity], a Union enactment attempting to detect ... disturbances
as enjoined in Article 355 of the Constitution.
67... the IMDT Act and the Rules made thereunder
clearly negate the constitutional mandate contained
enactment, whose provisions have been superseded by Section 4 of
the IMDT Act, is The Passport (Entry into India) Act, 1920 . Sub-section ... entry into India
without a passport. However, Section 4 of the IMDT Act has stripped the Central Government
of its power of removal of such
case registered against the petitioner Nos. 1 and 2 under
the IMDT Act . Consequent upon the Hon'ble Supreme Court striking down
the IMDT ... least from 2007, even ignoring the earlier part
under the IMDT Act from 1997. The petitioners, all these years, apparently,
did not take any step
case registered against the
petitioner Nos. 1 and 2 under the IMDT Act . Consequent upon the
Page No.# 8/15
Hon'ble Supreme Court ... striking down the IMDT Act, 1983 and the
Illegal Migrants (Determination by Tribunals) Rules, 1984, for short,
IMDT Rules, 1994, as unconstitutional, in terms
