WA 148/2011 BEFORE HON’BLE MR. JUSTICE A.K. GOEL HON’BLE MR. JUSTICE AMITAVA ROY This appeal has been preferred against the order of the learned Single Judge uph olding the order passed by the Illegal Migrants (D) Tribunal dated 17.6.2005 und er the provisions of IM(D)T (Illegal Migrants Determination) Tribunal Act, 1983 declaring the appellants to be illegal Bangladeshi migrants, who entered Assam after the cut off date i.e. on 25.03.1971. The Tribunal rejected the stand of the appellants that they were Indian citizens. The findings recorded by the learned Tribunal have been upheld by the learned Single Judge. The learned Single Judge noted that it took twenty years f or the authorities to declare the appellants illegal migrants. The writ petition was filed six years after the order was passed by the Tribunal. In view of the above facts, a direction was issued to all the Deputy Com missioners and Superintendents of Police to take appropriate action for detentio n and deportation of Bangladeshi nationals illegally staying in Assam. During pendency of this appeal, the Hon’ble Supreme Court in SARBANANDA SONOWAL Versus UNION OF INDIA AND ANOTHER (2005) 5 SCC 665 held the Act to be u nconstitutional and void and considering the effect of the said judgment, this C ourt has in number of cases, directed the proceedings to be remitted to the Trib unal constituted under the Foreigners (Tribunal) Order, 1964. Reference is made to one similar order passed on 13.9.2011 by this Bench in Writ Appeal 53/2005 (T ushar Kanti Mazumder -V- State of Assam). In view of the above, learned counsel for the parties suggest remitting of the c ase to the Tribunal constituted under the Foreigners (Tribunals) order, 1964. Ac cordingly, we direct that the matter be remitted to the Foreigners Tribunal at S ankardevnagar, Hojai. It is made clear that the Tribunal will not be bound by the findings alre ady recorded but will take into account the evidence on record. The Tribunal may decide the matter expeditiously. The parties may appear through their counsel before the Tribunal for further pro ceedings on 19th October, 2011. The appeal stands disposed of in the above terms.