Illegal Migrants
(Determination by Tribunals) Act, 1983 (IMDT Act ) to the then Illegal Migrants
(Determination) Tribunal, Kokrajhar on 30.07.1998 suspecting the petitioner ... India , reported in (2005) 5 SCC 665,
Supreme Court declared the IMDT Act to be unconstitutional and directed that all the
reference which were pending
burden of proof as mandated under Section 9 of the Foreigners Act,
1946 and accordingly, she was declared to be a foreigner, having illegally entered ... Tribunal, Barpeta under the Illegal
Migrants (Determination by Tribunals) Act, 1983 (IMDT Act ). After the IMDT Act was declared
unconstitutional by the Supreme Court
issued
Page No.# 4/5
against all the petitioners.
3. The IMDT Act, 1983 being set aside, the reference made against the petitioners was transferred
IMDT Act , vide IMDT Enquiry No. 257/2002 for opinion to the
Tribunal. After declaration of the IMDT Act as unconstitutional by the Supreme Court
Assam under the Illegal Migrants (Determination by Tribunals) Act, 1983 , (' IMDT Act ' for
short) vide Reference IM(D)T No.2882
Case
No.1442/1998 was registered. Upon the IMDT Act, 1983 being declared ultra vires, the reference was
transferred to the Foreigners Tribunal
registered as Appeal Case No.63/1993. But upon the IMDT Act of 1983
being declared ultra-vires by the Supreme Court, the proceeding before
Case No.802/2001 was registered. On the IMDT Act, 1983 being declared ultral vires, the
reference was transferred to the Foreigners Tribunal
Superintendent of Police (B), Kamrup, IMDT Case No.885/2003 was
registered. Upon the IMDT Act, 1983 being declared ultra vires, the reference was transferred
Border) Barpeta, a reference was registered
against the petitioner under the IMDT Act, 1983 . Upon the IMDT Act being declared ultra virus, the
reference
