Partly allowed

Dharani Das v. the Union of India

Gauhati HC5 Feb 2018WP(C)/525/2018

Case brief

AI extract

What is this about?

The Gauhati High Court granted the petitioner a last opportunity to contest his deportation by an ex-parte decree of a Foreigners Tribunal due to interest of justice despite a five-year delay. The court set aside the earlier order and directed the petitioner's production for a fresh hearing within 60 days.

What did the court decide?

Set aside order dated 17.12.2012; direct petitioner's production before Foreigners Tribunal on 05.03.2018; Tribunal to conclude matter within 60 days.

Dharani Das Vs the Union of India — Constitutional and Fundamental Rights | Gauhati HC (2018)

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GAHC010015922018

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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) 525/2018

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1:DHARANI DAS S/O LT. MOHAN DAS R/O BONGALMARA GRAZING P.O. BORANGELI SATRA P.S. BIHPURIA DIST. LAKHIMPUR, ASSAM

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VERSUS

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1:THE UNION OF INDIA

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REP. BY SECRETARY OF THE MINISTRY OF HOME AFFAIRS, UNION OF INDIA, NEW DELHI

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2:THE STATE OF ASSAM

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT

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DISPUR

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GUWAHATI-6.

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3:THE DIRECTOR GENERAL OF POLICE (ADMN) ASSAM ULUBARI GUWAHATI-7

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4:THE SUPERINTENDENT OF POLICE (B) LAKHIMPUR P.O. LAKHIMPUR DIST. LAKHIMPUR

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5:THE MEMBER

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FOREIGNERS TRIBUNAL NO. 1 LAKHIMPUR

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6:THE COMMISSIONER ELECTION COMMISSION OF INDIA

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7:THE REGISTRAR OFFICE OF THE NATIONAL REGISTER OF CITIZENS

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Advocate for the Petitioner : MR. K R PATGIRI

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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 MR. JUSTICE NELSON SAILO

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05.02.2018

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(Ujjal Bhuyan, J)

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Heard Mr. K. R. Patgiri, learned counsel for the petitioner and Ms. U. Das, learned. Govt. Advocate, Assam.

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By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 17.12.2012 passed by the Foreigners’ Tribunal, Lakhimpur at North Lakhimpur in connection with LFT Case No. 1119/2011 (State of Assam Vs Sri Dharani Das) 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 17.12.2012 would go to show that notice issued by the Tribunal was duly served upon the petitioner but he neither appeared before the Tribunal nor filed any written statement, not to speak of adducing evidence. In such circumstances, Tribunal decided to proceed ex-parte and having regard to the mandate of Section 9 of the Foreigners Act, 1946 , answered the reference in favour of the State in the above manner vide the order dated 17.12.2012.

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5 years thereafter the present writ petition has been filed. On a query by the Court as

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to the reasons for such inordinate delay, learned counsel for the petitioner has taken us to the averments made in paragraphs 6 of the writ petition and contends that presently petitioner is aged about 77/78 years. He further submits that petitioner was taken into custody in the month of September, 2015 and is currently lodged in the Tezpur detention centre.

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After hearing learned counsel for the parties and on due consideration, we feel that notwithstanding the long efflux of time in the meanwhile, it would be in the interest of justice if one last opportunity is granted to the petitioner to contest the reference on merit. Consequently, we set aside the order dated 17.12.2012 and direct the Superintendent of Police (Border), Lakhimpur to produce the petitioner from detention before the Foreigners Tribunal, Lakhimpur at North Lakhimpur in connection with LFT Case No. 1119/2011 on 05.03.2018 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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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, 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

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Judge

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Comparing Assistant

Dharani Das v. the Union of India

Case brief

What is this about?

What did the court decide?

Dharani Das v. the Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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