Petitioner challenged an order declaring him a foreigner seeking its quashing. The court granted another opportunity to contest the reference on merits while declining bail and setting aside the impugned order.
Set aside order dated 05.08.2014; direct production of petitioner before Tribunal; Tribunal to conclude reference within 60 days.
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GAHC010087682018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3042/2018
1:MAHAMAD ALI
SON OF LATE SURAT ALI, RESIDENT OF VILLAGE BALIJAN, P.O. BORSALA, P.S. NORTH LAKHIMPUR, DISTRICT- LAKHIMPUR, ASSAM, PIN787023
VERSUS
1:THE UNION OF INDIA AND 5 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, HOME DEPARTMENT, NORTH BLOCK, NEW DELHI-1.
2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06.
3:THE ELECTION COMMISSION OF INDIA REPRESENTED BY SECRETARY NIRVASAN SADAN NEW DELHI-1.
4:NATIONAL REGISTRAR OF CITIZENS- NRC STATE CO-ORDINATOR ACHYUR PLAZA BHANGAGARH GUWAHATI-2 ASSAM.
5:THE SUPERINTENDENT OF POLICE (B) LAKHIMPUR P.O. P.S. AND DISTRICT- LAKHIMPUR ASSAM PIN- 787015
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6:THE DEPUTY COMMISSIONER LAKHIMPUR P.O. AND DISTRICT- LAKHIMPUR ASSAM PIN- 787015
Advocate for the Petitioner : MS L BARUAH
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONBLE MR. JUSTICE UJJAL BHUYAN HON BLE MR. JUSTICE NELSON SAILO
ORDER
Date : 18-05-2018
(Ujjal Bhuyan, J.)
Heard Ms. R. Gogoi, learned counsel for the petitioner and Mr. J. Payeng, learned Special Counsel, Foreigners Tribunal (FT).
By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 05.08.2014 passed by the Foreigners Tribunal-Ist , Lakhimpur at North Lakhimpur (Tribunal) in LFT Case No. 1418 (D)/2011 (State Vs. Mahamad Ali) declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.
A perusal of the order dated 05.08.2014 would go to show that notice issued by the Tribunal was duly served upon the petitioner whereafter he had entered appearance before the Tribunal and sought for time to file written statement but no such written statement was filed. In such circumstances, Tribunal decided to proceed ex parte whereafter order dated 05.08.2014 was passed answering the reference in favour of the State in the above manner.
Learned counsel for the petitioner submits that because of severe backache, petitioner was immobilized for which he could not attend the Tribunal after his initial appearance. Subsequently, he has been taken into custody.
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Learned Special Counsel, FT, however, supports the order passed by the Tribunal.
After hearing learned counsel for the parties and on due consideration, we feel that it would be in the interest of justice if one more opportunity is granted to the petitioner to contest the reference on merit, though we decline bail to the petitioner.
Consequently, we set aside the order dated 05.08.2014 and direct Superintendent of Police (Border), Lakhimpur to produce the petitioner before the Tribunal in connection with LFT Case No.1418(D)/11 from detention on 07.06.2018 and thereafter on such dates as may be fixed by the Tribunal. Tribunal shall conclude the reference within a period of 60 days from the date of production.
Before parting with the record, we make it clear that we have not expressed any opinion on merit.
Writ petition is disposed of.
Registry to inform the concerned Foreigners Tribunal, Superintendent of Police (Border) and Deputy Commissioner for necessary follow-up steps.
Copies of this order may also be furnished to learned Standing Counsel, Election Commission of India and State Coordinator, NRC, Assam.
JUDGE JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner should be granted another opportunity to contest the Foreigners Tribunal reference on merits.
Whether the order dated 05.08.2014 passed by the Foreigners Tribunal declaratory the petitioner as a foreigner should be set aside.
1 provisions across 1 enactments
Mahamad Ali
The Union of India
Ujjal Bhuyan
Nelson Sailo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
