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
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
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
However, vide an order dated 01.08.2005, the
earlier proceeding under the IMDT Act was kept pending in view of the fact that
the Act ... looked into the
written statement filed in the proceeding under the IMDT Act from the records
Page No.# 8/10
and has found that there
Illegal Migrants (Determination by
Tribunals) Act, 1983 , (hereinafter referred to as IMDT Act ) by
the Superintendent of Police (Border), Sonitpur, Tezpur to the
Chairman, Illegal ... present Bangladesh, after
25.03.1971. Later on, after striking down of the IMDT Act, 1983
by the Hon'ble Supreme Court in the Case
Illegal Migrants (Determination by Tribunals) Act, 1983 [hereinafter
referred to as IMDT Act ] while the said Act was in force, to the
Illegal Migrants (Determination ... Later on, after striking down of the IMDT Act, 1983 by the
Hon'ble Supreme Court of India in the case of " Sarbananda
Morigaon is an illegal migrant or not.
8. After the said IMDT Act, 1983 was declared to be illegal by the Hon'ble Supreme ... Page No.# 4/6
pending cases initiated under the IMDT Act were re-numbered and proceeding under the
Foreigners Act, 1946 were initiated against such
Sonitpur,
Tezpur under the provisions of the Illegal Migrants (Determination by Tribunals)
Act, 1983 on 21.10.1983 a case was registered against the petitioner regarding ... unconstitutional, the said proceeding initiated against the petitioner under the
IMDT Act, 1983 was re-registered as F.T. Case No.20/2015 under
Border) Barpeta in November 1997 by its reference made under the IMDT Act 1983
sought for an opinion from the Foreigner's Tribunal Act
arising out of Ref. IMDT Case No. 5800/1998
opined the petitioner to be a foreigner under the Foreigners Act, 1946 .
Being aggrieved with ... Case No. 896(III)/2013, arising out of Ref. IMDT Case No.
5800/1998 from the office of the learned Member, Foreigners' Tribunal
