Allowed

Jiten Chandra Dey v. the Union of India and 5 Ors.

Gauhati HC7 Feb 2018WP(C)/563/2018

Case brief

AI extract

What is this about?

Petitioner sought quashing of ex-parte order declaring him a foreigner. Court granted one more opportunity to contest the reference on merits due to communication gaps and accident, directing appearance before the Tribunal by 05.03.2018 with time limit for conclusion.

What did the court decide?

Order dated 12.01.2017 set aside; petitioner directed to appear before Foreigners Tribunal No. 1, Bongaigaon on 05.03.2018; Tribunal directed to conclude reference within 60 days.

Jiten Chandra Dey Vs the Union of… — Constitutional and Fundamental Rights | Gauhati HC (2018)

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GAHC010010242018

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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) 563/2018

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1:JITEN CHANDRA DEY S/O LT., ASWINI KR. DEY R/O VILL- KUCHLAIGURI, P.S. MANIKPUR DIST. BONGAIGAON, ASSAM

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VERSUS

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1:THE UNION OF INDIA AND 5 ORS.

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

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2:THE STATE OF ASSAM

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOV.T OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI ASSAM

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3:THE DEPUTY COMMISSIONER BONGAIGAON P.O. BONGAIGAON P.S. BONGAIGAON

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DIST. BONGAIGAON ASSAM

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4:THE SUPERINTENDENT OF POLICE (BORDER) BONGAIGAON P.O. AND P.S. BONGAIGAON

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DIST. BONGAIGAON ASSAM.

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5:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI 110001.

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6:THE STATE COORDINATOR NATIONAL REGISTER OF CITIZENS ASSAM FIRST FLOOR ACHYUT PLAZA G.S. ROAD BHANGAGARH GUWAHATI ASSAM PIN - 781005

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Advocate for the Petitioner : MR. D CHOUDHURY

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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. T. Chakraborty, 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 12.01.2017 passed by the Foreigners’ Tribunal No. 1, Bongaigaon in BNGN/FT/Case No.2024/2009 (State of Assam Vs Jiten Ch. Dey) 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 12.01.2017 would go to show that despite service of

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notice, petitioner remained absent before the Tribunal. In such circumstances, Tribunal decided to proceed ex-parte and after recording the evidence of the Investigating Officer who deposed on behalf of the State, answered the reference vide order dated 12.01.2017 in favour of the State in the above manner.

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Learned counsel for the petitioner submits that petitioner had met with an accident which was brought to the notice of the Tribunal on 04.02.2015 and thereafter because of a communication gap with the lawyer, the reference proceeded ex-parte. Additionally, he submits that brother of the petitioner, Sri Satyendra Dey has been declared to be not a foreigner by the same Tribunal vide order dated 05.05.2017 in BNGN/FT/Case No. 3350/2008.

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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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In so far the order dated 05.05.2017 in respect of Sri Satyendra Dey is concerned, we find that the order passed in the case of the petitioner at an earlier point of time was not brought to the notice of the Tribunal. That apart, the manner in which the order dated 05.05.2017 has been passed is highly questionable. However, we refrain from expressing any opinion since it is not under challenge before us.

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Consequently, we set aside the order dated 12.01.2017 and direct the petitioner to appear before the Foreigners Tribunal No. 1, Bongaigaon, in connection with BNGN/FT/Case No. 2024/2009 alongwith his written statement 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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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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Writ petition is disposed of.

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Registry to inform the concerned Foreigners’ Tribunal, Deputy Commissioner and

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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

Jiten Chandra Dey v. the Union of India and 5 Ors.

Case brief

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Jiten Chandra Dey v. the Union of India and 5 Ors.

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