Date : 18.08.2025
(K.R. Surana, J)
Heard Mr. Z. Hammad, learned counsel for the petitioner. Also
heard Ms. S. Baruah, learned CGC for the respondent no.1; Ms. A. Verma,
learned standing counsel for FT and Border matters, representing respondent
nos. 2, 4 and 6; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate,
representing respondent nos. 4 and 5.
2) By filing this writ petition under Article 226 of the Constitution
of India, the petitioner, namely, Abdul Karim @ A. Karim @ Karim, has assailed
the ex parte opinion dated 03.06.2014, passed by the learned Member,
Foreigners Tribunal (2nd), Morigaon, in Case No. F.T.(D) 758/2011 [arising out of
Police Ref. D/N Case No. 2757/98 dtd. 04.07.1998 and E.R.O. Ref. No. 83/80/34
Page No.# 3/13
dated 17.10.1997], thereby holding the petitioner has failed to discharge his
burden as required under Section 9 of the Foreigners Act, 1946 and accordingly,
the petitioner abovenamed was held to be a foreigner under Section 2(a) of the
Foreigners Act, 1946, who has illegally entered into India (Assam) after the cut-
off date of 25.03.1971.