Remanded

Anowar Hussain v. the Union of India

Gauhati HC7 Feb 2018WP(C)/555/2018

Case brief

AI extract

What is this about?

The Gauhati High Court exercised its writ jurisdiction to set aside ex-parte orders passed by the Foreigners Tribunal after accepting the petitioner's explanation regarding a communication gap preventing his appearance. The matter was remanded for further proceedings.

What did the court decide?

The orders dated 27.02.2017 and 15.11.2017 passed by the Foreigners Tribunal are set aside. Petitioner directed to appear on 05.03.2018.

Anowar Hussain Vs the Union of India — Writ and Judicial Review | Gauhati HC (2018)

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GAHC010015942018

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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) 555/2018

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1:ANOWAR HUSSAIN

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S/O. LT. JIYARAT ALI, VILL. MATRAGHOLA, P.S. ABHAYAPURI (NOW MERERCHAR P.S.), DIST. BONGAIGAON, ASSAM

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VERSUS

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1:THE UNION OF INDIA

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THROUGH- THE MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA, NEW DELHI

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2:THE STATE OF ASSAM

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THROUGH- THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY.

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3:THE ELECTION COMMISSION OF INDIA NORVACHAN SADAN ASOKA ROAD NEW DELHI

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4:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GHY.

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5:THE DY. COMMISSIONER BONGAIGAON P.O. BONGAIGAON D

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6:THE SUPDT. OF POLICE (BORDER) BONGAIGAON P.O. BONGAIGAON DIST. BONGAIGAON ASSA

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Advocate for the Petitioner : MR. S C BISWAS

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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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07.02.2018

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(Ujjal Bhuyan, J)

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Heard Mr. S. C. Biswas, learned counsel for the petitioner, Mr. H. K. Hazarika, learned Govt. Advocate, Assam and Ms. P. Baruah, learned counsel for the Central Govt.

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By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 27.02.2017 passed by the Foreigners’ Tribunal, Bongaigaon No. 2 at Abhayapuri in BNGN/FT/Case No.2094/2007 (State of Assam Vs Md. Anowar Hussain) declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.

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It is seen that notice issued by the Tribunal was duly served upon the petitioner who thereafter had entered appearance before the Tribunal and filed written statement. However, petitioner remained absent thereafter compelling the Tribunal to proceed ex-parte following which order dated 27.02.2017 was passed by the Tribunal answering the reference in favour of the State in the above manner.

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Petitioner filed an application for setting aside the ex-parte order which was registered as Misc. Case No. 28/2017. By order dated 15.11.2017, Tribunal dismissed the said application by holding that petitioner was not able to demonstrate any special or exceptional circumstances to enable the Tribunal to set aside the ex-parte order.

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Learned counsel for the petitioner submits that there was some communication gap between the petitioner and the lawyer, perhaps because of transfer of the reference from the earlier Foreigners Tribunal, Bongaigaon to the present Tribunal. Otherwise, there could be no earthly reason for not contesting the reference by the petitioner after filing written statement.

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Learned Govt. Advocate submits that having regard to the facts and circumstances of the case, Court may consider passing appropriate order.

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After hearing learned counsel for the parties and on due consideration, we are inclined to accept the submission made by learned counsel for the petitioner.

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Consequently, we set aside the orders dated 27.02.2017 and 15.11.2017. Petitioner shall now appear before the Foreigners Tribunal, Bongaigaon No. 2 at Abhayapuri in connection with BNGN/FT/Case No. 2094/2007 on 05.03.2018 at 10:30 a.m. whereafter Tribunal shall proceed with the reference in accordance with law from the stage of evidence 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. 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 JUDGE

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Comparing Assistant

Anowar Hussain v. the Union of India

Case brief

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Anowar Hussain v. the Union of India

Case brief

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