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
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
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
number of the proceeding, if any, after the repeal of the IMDT Act as
the petitioner has been marked as 'D' Voter.
List
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
WP(C)/4497/2019 on 12 March, 2021
Author: Soumitra Saikia
Bench: Manash Ranjan Pathak
Mahar Uddin Ali vs The Union Of India And 4 Ors on 23 March, 2021
