JUDGMENT : A. M. BUJOR BARUA, J. 1. Heard Mr. U Dutta, learned counsel for the petitioners. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Mr. A Kalita, learned counsel for the State of Assam appearing for the Foreigners Tribunal and Border Areas as well as Ms. G Sarma, learned counsel for the authorities under the Union of India. 2. On being referred by the Superintendent of Police(Border), Morigaon, an IM(D)T case was registered against the petitioners. Upon the IM(D)T Act of 1983 being declared ultra vires, the reference was transferred to the Foreigners Tribunal No.3, Morigaon and was re- numbered as FT (C) Case No.252 of 2015. 3. By the order dated 28.08.2018, the Tribunal had declared the petitioner Nos. 1.Md. Rahul Amin, 2.Musstt. Jamina Khatun and 3.Md. Amir Hussain to be foreigners who entered the State of Assam subsequent to 25.03.1971. Being aggrieved, the present writ petition is preferred. 4. Amongst others, one of the ground taken in this writ petition is that the reference made by the Superintendent of Police (Border), Morigaon, which resulted in registration of FT (C) Case No. 252 of 2015 was made only against Musstt. Sahera Begum, wife of Samsuddin of village Dakhin Kalikajari and no reference was made against the present petitioners. 5. In order to appreciate the contention, we have verified the records of the Tribunal and examined the reference made by the Superintendent of Police (Border) Morigaon. The reference dated 23.07.2002 of the Superintendent of Police(Border), Morigaon, Assam is made only against Musstt. Sahera Begum and the reference does not indicate any other person against whom the reference may have been made. 6. The law in this respect has been settled in the case of Sudhir Kumar Roy & 5 ors - vs- Union of India & 5 Ors in WP (C) No.6790 of 2018, wherein it has been held that if a person is declared to be a foreigner, it may be a good case for the authorities to refer his or her other family members for a reference before the Tribunal. But the fact that one of the family member had been declared to be a foreigner by itself would not be sufficient to declare the other family members also to be foreigners without any such reference being made. 7. But the fact that one of the family member had been declared to be a foreigner by itself would not be sufficient to declare the other family members also to be foreigners without any such reference being made. 7. Stand has been taken by the State authorities that all the petitioners are also the family members of Musstt. Sahera Begum, wife of Samsuddin, inasmuch, as the petitioner No.1 is also the son of Samsuddin, petitioner No.2 is the wife of petitioner No.1 and petitioner No.3 is the son of petitioner No.1. But as already held, the same by itself cannot be a reason for the Tribunal to also declare the petitioners to be foreigners who entered the State of Assam after 25.03.1971, merely because Musstt. Sahera Begum, wife of Samsuddin had been so declared. At the same time, without there being a reference, no jurisdiction is vested on the Tribunal to form an opinion as regards the citizenship of the present petitioners. 8. Accordingly, the order dated 28.08.2018 in FT (C) Case No.252 of 2015 in the Foreigners Tribunal No.3, Morigaon declaring the petitioners to be foreigners who entered Assam after 25.03.1971 is hereby set aside without interfering with the other provisions of the said order in this case. 9. It is stated that the petitioner No.3, Amir Hussain is presently in detention camp at Tezpur Central Jail. Accordingly, he shall be released forthwith subject to a submission of two surety bonds from two prominent persons who will give the sureties subject to the satisfaction of the Superintendent of Police (Border) Morigaon who shall verify and satisfy himself as to the authenticity and acceptability of the two sureties to his satisfaction. 10. As the declaration of the petitioners to be foreigners who entered Assam after 25.03.1971 had been interfered on technical ground, it shall not be a bar on the part of the Superintendent of Police (Border) Morigaon to make a reference against them before the Tribunal, if so advised under the law. 11. The writ petition stands allowed to the extent indicated above.