Allowed

Jaynal @ Jainal Abedin v. Union of India and 6 Ors.

Gauhati HC5 Jun 2018WP(C)/3543/2018

Case brief

AI extract

What is this about?

This writ petition challenges the ex parte order declaring the petitioner a foreigner. The High Court granted one more opportunity to the petitioner to contest the reference on merit and directed them to appear before the Tribunal with a written statement by June 28, 2018.

What did the court decide?

Set aside the order dated 21.02.2017. Direct petitioner to appear before Foreigners Tribunal on 28.06.2018 with written statement and conclude reference within 60 days.

Jaynal @ Jainal Abedin Vs Union of India and… — Pension and Retirement Benefits | Gauhati HC (2018)

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Page No.# 1/3

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GAHC010105292018

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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) 3543/2018

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1:JAYNAL @ JAINAL ABEDIN S/O- LATE ABDUL AHAB HAB ALI, R/O- VILL- MOHANPUR PT-II, P.SABHAYAPURI, DIST- BONGAIGAON, ASSAM, PIN- 783384

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VERSUS

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1:UNION OF INDIA

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REP. BY THE SECRETARY TO THE GOVT OF INDIA, DEPTT OF HOME AFFAIRS, NEW DELHI, INDIA, PIN- 110001

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2:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT OF ASSAM HOME DEPTT DISPUR- 05

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3:THE FOREIGNERS TRIBUNAL NO.2 ABHAYAPURI BONGAIGAON PIN- 783384

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4:ELECTION COMMISSION OF INDIA REP. BY THE ELECTION OFFICER BONGAIGAON PIN- 783384

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5:NATIONAL REGISTER OF CITIZENS ASSAM REP. BY THE STATE COORDINATOR 1ST FLOOR ACHYUT PLAZA BHANGAGARH GUWAHATI ASSAM- 06

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6:THE DEPUTY COMMISSIONER BONGAIGAON ASSAM PIN- 783384 7:THE SUPERINTENDENT OF POLICE(B) BONGAIGAON ASSAM PIN- 78338

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Advocate for the Petitioner : MS B GOGOI

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

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BEFORE

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HON'BLE MR. JUSTICE UJJAL BHUYAN HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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ORDER

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Date : 05-06-2018

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( Ujjal Bhuyan, J.)

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Heard Ms. M. Deori, learned counsel for the petitioner and Mr. J. Payeng, learned Special Counsel, FT.

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By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 21.02.2017 passed by the Foreigners Tribunal, Bongaigaon No.2 at Abhayapuri in BNGN/FT Case No. 1550/2009 (State Vs. Jainal Abedin) 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 the order dated 21.02.2017 would go to show that notice issued by the Tribunal was duly served upon the petitioner whereafter petitioner had appeared on 10.07.2015 and sought for time to file written statement which was granted. On 7 subsequent dates, petitioner remained absent without steps. In such circumstances, Tribunal decided to proceed ex parte whereafter order dated 21.02.2017 was passed answering the reference in favour of the State in the above manner.

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Learned counsel for the petitioner submits that initially reference was before the Foreigners Tribunal-1, Bongaigaon but midway it was transferred to the Foreigners Tribunal,

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Bongaigaon No.2 at Abhayapuri. Petitioner was informed by the office of the Foreigners Tribunal No.1, Bongaigaon that he will receive notice from the new Tribunal but petitioner never received any such notice. She, therefore, prays for grant of one more opportunity to the petitioner to contest the reference on merit.

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Learned Special Counsel, however, submits that contention advanced on behalf of the petitioner is not at all believable. It is not expected of a person whose citizenship was being questioned by the State to sit at home and keep waiting for notice from the Tribunal when he had already entered appearance before the earlier Tribunal.

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Be that as it may, after hearing learned counsel for the parties and on due consideration, we are of the view that it would be in the interest of justice if one more opportunity is granted to the petitioner to contest the reference on merit.

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Consequently, we set aside the order dated 21.02.2017 and direct the petitioner to appear before the Foreigners Tribunal, Bongaigaon No.2 at Abhayapuri in connection with BNGN/FT Case No.1550/2009 along with his written statement on 28.06.2018 at 10.30 am whereafter Tribunal shall proceed with the reference in accordance with law and conclude the same within a period of 60 days from the date of such appearance.

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Needless to say, if there is any default on the part of the petitioner henceforth, Tribunal would be at liberty to pass appropriate order that may be deemed fit and proper.

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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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Writ petition is disposed of.

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Registry to inform the concerned Foreigners Tribunal, Superintendent of Police (Border) and Deputy Commissioner for necessary follow-up steps.

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Copy 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

Jaynal @ Jainal Abedin v. Union of India and 6 Ors.

Case brief

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Jaynal @ Jainal Abedin v. Union of India and 6 Ors.

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