Allowed

Ainuddin @ Md. Ainuddin Ali v. Union of India and 6 Ors.

Gauhati HC16 May 2018WP(C)/2119/2018

Case brief

AI extract

What is this about?

A petitioner challenging an ex-parte order of the Foreigners Tribunal seeking to quash the order. The High Court set aside the ex-parte orders and directed the petitioner's production before the Tribunal to allow a final opportunity to contest the reference on merits, declining bail.

What did the court decide?

Ex-parte orders set aside; petitioner to be produced before Foreigners Tribunal for final hearing; bail declined.

Ainuddin @ Md. Ainuddin Ali Vs Union of India and… — Criminal Trial and Appeal | Gauhati HC (2018)

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GAHC010068032018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 2119/2018

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1:AINUDDIN @ MD. AINUDDIN ALI

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S/O SIRAJUDDIN @ MD. SIRAJUDDIN ALI, VILL- NO.2 NAPANI, PSSAMAGURI, DIST. NAGAON, ASSAM

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VERSUS

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1:UNION OF INDIA AND 6 ORS

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TO BE REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, HOME DEPARTMENT, NORTH BLOCK, NEW DELHI

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2:STATE OF ASSAM

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TO BE REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06

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3:ADDITIONAL DIRECTOR GENERAL OF POLICE ASSAM (BORDER) BHANGAGARH GUWAHATI-5

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4:DEPUTY COMMISSIONER NAGAON ASSAM

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5:ELECTION COMMISSION OF INDIA REPRESENTED BY DISTRICT ELECTION OFFICER NAGAON ASSAM

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6:STATE CO-ORDINATOR NRC ACHYUT PLAZA BHANGAGARH GUWAHATI-05

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7:SUPERINTENDENT OF POLICE (BORDER) NAGAON ASSA

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Advocate for the Petitioner : MR. N H MAZARBHUIYAN

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Advocate for the Respondent : ASSTT.S.G.I.

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BEFORE

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HONBLE MR. JUSTICE UJJAL BHUYAN HON BLE MR. JUSTICE NELSON SAILO

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ORDER

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Date : 16-05-2018

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(UJJAL BHUYAN, J)

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Heard Ms. L. Wazeeda, learned counsel for the petitioner and Mr. J. Payeng, learned Special Counsel, Foreigners Tribunal (FT).

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By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 31.10.2016 passed by the Foreigners Tribunal (2^nd ), Nagaon in FT Case No. 2223/2011 (State of Assam Vs Ainuddin) declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.

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A perusal of order dated 31.10.2016 would go to show that despite notice petitioner remained absent without steps. Therefore, Tribunal decided to proceed ex-parte whereafter order dated 31.10.2016 was passed answering the reference in favour of the State in the above manner.

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Petitioner filed an application for setting aside ex-parte order. It was stated therein that father of the petitioner had received notice but his doctor had advised him to take rest for which father could not inform the son, that is, the petitioner about service of notice. Tribunal

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did not accept the explanation of the petitioner and dismissed the application vide order dated 14.09.2017.

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Thereafter, the present writ petition has been filed.

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When the writ petition was moved on 09.05.2018 petitioner was granted two weeks time to file additional affidavit to properly explain the default of the petitioner.

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Thereafter an additional affidavit has been filed by one Sirajuddin who declared that the petitioner was his son. He has stated that because of personal reasons relating to conduct of the petitioner, he did not inform his son about the notice issued by the Tribunal.

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Learned counsel for the petitioner therefore submits that one more opportunity may be granted to the petitioner to contest the reference on merit. She also submits that following the order dated 31.10.2016, petitioner has been taken into custody.

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Learned Special Counsel accepts that the explanation furnished on behalf of the petitioner is not at all acceptable.

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Submissions made by learned counsel for the parties have been considered.

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After hearing learned counsel for the parties and on due consideration, while we are not satisfied with the explanation furnished by the petitioner, however taking an overall view of the matter, we feel that it would be in the interest of justice if one last opportunity is granted to the petitioner to contest the reference on merit though we decline to grant bail to the petitioner.

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Accordingly, we set aside the orders dated 31.01.2016 and 14.09.2017.

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In view of above, Superintendent of Police (Border), Nagaon shall produce the petitioner before the Foreigners’ Tribunal (2^nd ), Nagaon in connection with FT Case No. 2223/2011 on 06.06.2018 at 10:30 a.m. and thereafter on such subsequent dates as may be fixed by the Tribunal.

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On such production, Tribunal shall proceed with the reference in accordance with law and conclude the same within a period of 60 (sixty) days from the date of first production.

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Before parting with the record, we make it clear that we have not expressed any opinion on the merit of the case.

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This disposes of the writ petition.

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Registry to inform the concerned Foreigners’ Tribunal, Deputy Commissioner and Superintendent of Police (B) for doing the needful.

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Copies of this order may also be furnished to learned Standing Counsel, Election Commission of India and State Coordinator, NRC.

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JUDGE JUDGE

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Comparing Assistant

Ainuddin @ Md. Ainuddin Ali v. Union of India and 6 Ors.

Case brief

What is this about?

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Ainuddin @ Md. Ainuddin Ali v. Union of India and 6 Ors.

Case brief

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