WA 53/2005 BEFORE THE HON’BLE MR. JUSTICE A.K. GOEL THE HON’BLE MR. JUSTICE AMITAVA ROY A.K. Goel, J This appeal has been preferred against the order of the learned Single Judge uph olding the orders passed by the Illegal Migrants (D) Tribunal dated 07.03.2003 a s affirmed by Illegal Migrants(D) Appellate Tribunal, Jorhat dated 17.11.2003 un der the provisions of IM(D)T (Illegal Migrants (Determination) Tribunal Act, 198 3. Proceedings were taken by the Tribunal on reference made by the Superintendent of Police (B), Jorhat under Section 8(1), alleging that the appellants were fore igners liable to be deported. The appellants contested the said proceedings and led evidence which were foun d to be unacceptable. The learned Single Judge held that the view taken by the Tribunal was based on facts and was not liable to interference under Article 226 of the Constitution of India. 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 unconstitu tional and void and directed that the Tribunal constituted under the Act will c ease to function. Cases pending before the Tribunal will stand transferred to t he Tribunal constituted under the Foreigners (Tribunals) Order, 1964 and it woul d be open to the authorities to initiate fresh proceedings in cases which were n ot referred to the Tribunal. The appeals pending before the Appellate Tribunal will abate. The effect of the above judgment was considered by this Court in SANTI RANJAN DE Y & ORS. VS. STATE OF ASSAM & ORS. 2006(4) GLT 716 and it was held that writ pet itions pending in this Court are liable to be transferred to the Foreigners Trib unal. The same view was taken in KARAMT ALI VS. STATE OF ASSAM & ORS. 2008(1) G LT 947. In view of the above, the learned counsel for the parties suggest remit ting of the cases to the Foreigners Tribunal constituted under the Foreigners (T ribunals) Order, 1964. Accordingly, we direct the matter be remitted to the For eigners Tribunal at Jorhat. The evidence already led will be taken into account but the Tribunal would not b e bound by the findings earlier recorded. The Tribunal may decide the matter ex peditiously. The parties may appear before the Tribunal for further proceedings on 19th Octob er, 2011. The appellants will continue to appear before the Superintendent of Police, Jorhat as per interim orders 12.08.2010. The appeal stands disposed of in the above terms.