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
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
consider the
various provisions of the Constitution as well as the Foreigners Act and Rules
WP(C) 3402/2020 Page - 7 of 13
framed thereunder ... said Act did not have a
provision similar to Section 9 of the Foreigners Act regarding the burden of
proof. Though the said IMDT Act
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
city, Guwahati for
making an enquiry regarding the citizenship under the IMDT Act . During the enquiry made
from the verification of the official report dated ... referred initially to the IMDT and subsequently
to the Foreigners Tribunal, Kamrup (M) after scrapping of the IMDT Act . It is the pleaded case
Page
IMDT (as it then was). The
matters were placed before the Foreigners' Tribunal, Guwahati
pursuant to the IMDT Act being declared ultra vires ... after
25th of March, 1971. Consequently, the matter was referred to
the IMDT (as it then was). A similar reference was made in
respect
Barpeta in
F.T. Case No. 1444(III) of 2013 [Ref. IMDT Case No. 1550/03] opining the
petitioner as an illegal migrant and consequently ... petitioner as a
foreigner u/s 2(a) of the Foreigners Act, 1946.
3. The Tribunal took up the matter on a reference being made
1056/2015 [Corresponding to S.P.
Page No.# 3/4
(Ref)IMDT Case No.1132/2004 [corresponding to F.T. Old Case No. 1131/2011 ... made by the Superintendent of Police (Border), Nagaon vide S.P. (Ref) IMDT Case
No.1132/2004 against the petitioner's father, Ranjeet
Mahar Uddin Ali vs The Union Of India And 4 Ors on 23 March, 2021
