first sentence of the Statement of Objects and Reasons of the IMDT
Act says "the influx of foreigners who illegally migrated into India across
discharge the burden cast upon them by Section 9 of the Act of 1946 and
Page No.# 13/19
one more opportunity should be granted ... least from 2007, even ignoring the earlier part under the IMDT Act from 1997. The petitioners, all
these years, apparently, did not the any step
against her under the Illegal
Migrants (Determination by Tribunals) Act,1983 (IMDT Act ). The Act was however declared to
be unconstitutional by the Apex Court
Act or preventing or rectifying any
breach thereof. Sub-section (3) of Section 11 confers
power, deeming in nature, upon any person acting in
exercise ... constitutional validity of the Illegal Migrants
(Determination by Tribunals) Act, 1983 (IMDT Act ), itself
clarified that fundamental right of a foreigner is confined
only
Act or preventing or rectifying any
breach thereof. Sub-section (3) of Section 11 confers
power, deeming in nature, upon any person acting in
exercise ... constitutional validity of the Illegal Migrants
(Determination by Tribunals) Act, 1983 (IMDT Act ), itself
clarified that fundamental right of a foreigner is confined
only
Illegal Migrants (Determination) Tribunal, Goalpara,
during the force of the said IMDT Act, 1983 , as amended.
5. In the judgment ... Another decided on 12.07.2005, reported in (2005) 5 SCC 665, the IMDT Act, 1983
as well as the IMDT Rules, 1984 were struck down being
Barpeta
1. Present case, in hand, has arisen out of the IMDT case No.-3608/A/98 referred by
the Superintendent of Police, Border ... under the Illegal
Migrants (Determination by Tribunals) Act, 1983 (in short IMDT) Act suspecting
the opposite party (O.P for short) Jahanara Khatoon @Jahanara Khatun
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
initiated before the IM(D)T when the IM(D) T Act was in vogue, the Local
Verification Officer (LVO) and Electoral Registration Officer ... before the Tribunal in the light of amendments made in the IMDT Act and guidelines issued
by Election Commission and no detail enquiry was required
together.
Examples are at galore where the
proceedings under the then IMDT Act,
1983 and Foreigners' Act, 1946
consumed 10/15/20 years ... India reported in
(2005) 5 SCC 665 by which the IMDT Act has been
declared ultra-virus to the Constitution of India, the
Apex Court