provisions of the
Illegal Migrants (Determination of Tribunals Act, 1983 ) (“the IMDT
Act ” for short) as ultra vires the Constitution of India, primarily ... Page 14 of 27
Thus, the IMDT Act was struck down as it did not have a
provision similar to Section 9 of the Foreigners
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
validity of orders
passed under the Illegal Migrants
(Determination by Tribunal) (IMDT) Act . Some
of the applicants have submitted orders
passed under IMDT declaring them ... validity of orders passed under the
IMDT Act are concerned, we direct that such cases shall
be governed by the decision of the Gauhati High
provisions contained in Section
3(1)(b) & (c) of the Citizenship Act, 1955 , the
following appears to be the best course of
action ... validity of orders
passed under the Illegal Migrants (Determination
by Tribunal) (IMDT) Act . Some of the applicants
have submitted orders passed under IMDT declaring
them
Assam under the Illegal Migrants (Determination by Tribunals) Act, 1983 , (' IMDT Act ' for
short) vide Reference IM(D)T No.2882
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
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
Case No.802/2001 was registered. On the IMDT Act, 1983 being declared ultral vires, the
reference was transferred to the Foreigners Tribunal
