IMDT Rules negate the Constitutional mandate contained in Article 355 of the
Constitution of India and therefore, the IMDT Act was struck down being wholly ... IMDT Act and the IMDT Rules, the Tribunals
and the Appellate Tribunals constituted under the IMDT Act ceased to function and all
cases pending before
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
Indian citizens.
3. Though, initially the case was registered under the
IMDT Act , subsequently, after declaration of the IMDT Act
as unconstitutional, the case
Superintendent of Police (B), Goalpara to
the Illegal Migrants (Determination) Tribunal (IMDT) to determine
citizenship of the petitioner.
WPC No. 1176 Of 2013 Page ... During the pendency of the case before the IMDT, the
IMDT Act, 1983 was declared unconstitutional by the Hon'ble Supreme
Court
under the then Illegal Migrants (Determination by Tribunals) Act, 1983 , to be
precise IMDT Case No. 117/1990 before the IMDT Tribunal at Diphu ... reference was re-registered under the Foreigners'
Act, 1946 , read with the Foreigners' (Tribunals) Order, 1964 and after creation of additional
Foreigners
illegal migrant. Reference was registered as IMDT
Case No.811/1998 before the Tribunal constituted under the said Act. After the decision of
the Supreme
Section 8(1) of the 1983 Act
doubting the appellant to be an illegal migrant, Case No.IMDT 2384/03
was registered. Notice was accordingly ... should not be
declared as foreigner within the meaning of 1946 Act and 1964 Order.
The record of the Tribunal does not reveal sending
