Partly allowed

Jharna Barman v. Union of India and 5 Ors.

Gauhati HC6 Jun 2018WP(C)/3568/2018

Case brief

AI extract

What is this about?

The Gauhati High Court granted the petitioner a second opportunity to contest a Foreigners Tribunal reference declaring her a foreigner. The Court quashed the Tribunal's order passed following the petitioner's single-day absence, directing her to appear on a fixed date for evidence and requiring the Tribunal to conclude proceedings within sixty days.

What did the court decide?

The order dated 05.04.2018 by Foreigners Tribunal set aside; petitioner directed to appear for evidence on 28.06.2018; Tribunal to conclude reference within 60 days.

Jharna Barman Vs Union of India and 5… — Constitutional and Fundamental Rights | Gauhati HC (2018)

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GAHC010116762018

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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) 3568/2018

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1:JHARNA BARMAN W/O SRI SOMEN BARMAN D/O SRI NAGEN BARMAN R/O DANGTOL, RAMABAZAR P.O. NEW BONGAIGAON P.S. AND DIST. BONGAIGAON, ASSAM, PIN -783381.

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VERSUS

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1:UNION OF INDIA AND 5 ORS. REP. BY THE SECRETARY TO THE GOVT. OF INDIA, DEPARTMENT OF HOME AFFAIRS, NEW DELHI.

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2:STATE OF ASSAM

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REP. BY SECRETARY TO THE GOVT. OF ASSAM

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DEPTT. OF HOME AFFAIRS DISPUR, GUWAHATI -06.

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3:ELECTION COMMISSION OF INDIA REP. BY THE COMMISSIONER NIRBACHAN SADAN NEW DELHI.

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4:STATE COORDINATOR OF NATIONAL REGISTRATION (NRC) ASSAM, 1ST FLOOR, ACHYUT PLAZA GUWAHATI - SHILLONG ROAD BHANGAGARH, GUWAHATI ASSAM, PIN - 781005.

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5:THE SUPERINTENDENT OF POLICE (BORDER) BONGAIGAON, P.O. AND DIST. BONGAIGAON ASSAM, PIN- 783380.

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6:THE DEPUTY COMMISSIONER BONGAIGAON, ASSAM P.O. AND DIST. BONGAIGAON ASSAM

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PIN - 783380

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Advocate for the Petitioner : MR. B J MUKHERJEE

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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 HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

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ORDER

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Date : 06-06-2018

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(UJJAL BHUYAN, J)

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Heard Mr. B. J. Mukherjee, 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 05.04.2018 passed by the Foreigners Tribunal No. 1, Bongaigaon in BNGN/FT Case No. 1094/2010 (State vs Jharna Barman) 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 05.04.2018 would go to show that notice issued by the Tribunal was served upon the petitioner whereafter petitioner had entered appearance alongwith her counsel and filed her written statement. But when the turn for evidence came petitioner remained absent though a petition was filed by learned counsel for the petitioner seeking adjournment. However, the same was rejected by the Tribunal on the ground that the reasons given were not satisfactory.

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Learned counsel for the petitioner submits that petitioner’s default was only for one

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date and that too because of illness. Therefore one more opportunity may be granted to the petitioner to adduce evidence.

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Learned Special Counsel has no objection to the prayer made.

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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.

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Accordingly, we set aside the order dated 05.04.2018 and direct the petitioner to appear before the Foreigners Tribunal No. 1, Bongaigaon in connection with BNGN/FT Case No. 1094/2010 alongwith her evidence-in-chief by way of affidavit on 28.06.2018 at 10:30 a.m. whereafter 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 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 such order(s) as 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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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

Jharna Barman v. Union of India and 5 Ors.

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Jharna Barman v. Union of India and 5 Ors.

Case brief

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