Partly allowed

Meenu Bala Arjya v. the Union of India and 5 Ors.

Gauhati HC9 Feb 2018WP(C)/578/2018

Case brief

AI extract

What is this about?

Two-judge bench directed that the order of the Foreigners Tribunal declaring the petitioner a foreigner be set aside to allow her another chance to contest the reference on merit, while granting her bail pending the tribunal proceedings.

What did the court decide?

Set aside order dated 22.05.2017; released on bail with bond of Rs. 5000/-; directed to appear before Tribunal with written statement by 08.03.2018; Tribunal to conclude within 60 days.

Meenu Bala Arjya Vs the Union of India and 5 Ors. — Bail and Remand | Gauhati HC (2018)

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GAHC010016182018

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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) 578/2018

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MEENU BALA ARJYA

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D/O- LATE MAHENDRA CH ARJYA, W/O- SRI KRISHNA CH ARJYA, R/OVILL NO.II, BHETAGAON, P.S- BIJNI, DIST- CHIRANG, BTAD, ASSAM

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VERSUS

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1:THE UNION OF INDIA AND 5 ORS

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THROUGH THE MIN OF HOME AFFAIRS, GRIHA MANTRALAYA, NEW DELHI

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2:THE STATE OF ASSAM THROUGH THE SECRETARY TO THE GOVT OF ASSAM HOME DEPARTMENT DISPUR, GUWAHATI-6

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3:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI-110001

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4:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS NRC, ASSAM, BHANGAGARH, GUWAHATI

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5:THE DEPUTY COMMISSIONER CHIRANG, P.O- KAJALGAON WEST CHIRANG, DIST- CHIRANG(BTAD), ASSAM

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6:THE SUPERINTENDENT OF POLICE(B) CHIRANG, P.O- KAJALGAON WEST CHIRANG DIST- CHIRANG(BTAD), ASSAM

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Advocate for the Petitioner : MR. A DAS

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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 HON BLE MR. JUSTICE NELSON SAILO

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ORDER

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Date : 09-02-2018

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(Ujjal Bhuyan, J)

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Heard Mr. A. Das, learned counsel for the petitioner, Ms. P. Baruah, learned Counsel for the Central Govt. and Mr. J. Payeng, learned Standing Counsel, Home and Political Department (FT) Govt. of Assam.

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By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 22.05.2017 passed by the Foreigners’ Tribunal, Chirang in Case No. BNGN/FT(CHR)/3085/2009 (Union of India Vs Smt. Meenu Bala Arjya) declaring the petitioner to be a foreigner from the specified territory of post 25.03.1971 stream.

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A perusal of the order dated 22.05.2017 would go to show that notice issued by the Tribunal was served upon the petitioner. Though petitioner had appeared before the Tribunal and prayed for adjournment to file written statement, she remained absent on two subsequent dates and did not file written statement. Tribunal thereafter decided to proceed ex-parte following which order dated 22.05.2017 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 petitioner is an extremely illiterate lady and because of her illiteracy there was some communication gap with her lawyer which resulted in her default. Given an opportunity, she would contest the reference on merit.

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Learned Standing Counsel 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 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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At this stage, Mr. Das, learned counsel for the petitioner submits that petitioner was taken into custody on 03.11.2017 whereafter she is in detention. She has a minor son aged 7 years.

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Having regard to the above, we direct that petitioner may be released on bail on furnishing bail bond of Rs. 5000/- with one local surety of the like amount to the satisfaction of the Superintendent of Police (Border), Chirang .

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Consequently, we set aside the order dated 22.05.2017 and direct the petitioner to appear before the Foreigners Tribunal, Chirang in connection with Case No. BNGN/FT(CHR)/3085/2009 on 08.03.2018 at 10:30 a.m. alongwith her written statement 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 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

Meenu Bala Arjya v. the Union of India and 5 Ors.

Case brief

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Meenu Bala Arjya v. the Union of India and 5 Ors.

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