Allowed

Md. Abubakkar Siddique v. the Union of India and 6 Ors.

Gauhati HC4 May 2018WP(C)/7039/2016

Case brief

AI extract

What is this about?

In a writ petition challenging exparte orders declaring the petitioner a foreigner, the Gauhati High Court held that despite service of notice, a final opportunity should be granted. The Court set aside previous orders and directed the petitioner to appear before the Foreigners' Tribunal to contest both references together on merit.

What did the court decide?

The orders dated 26.03.2013 and 28.04.2014 were set aside; petitioner was directed to appear before the Foreigners' Tribunal with a written statement on 24.05.2018 to contest both references together.

Md. Abubakkar Siddique Vs the Union of… — Constitutional and Fundamental Rights | Gauhati HC (2018)

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GAHC010030652016

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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) 7039/2016

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1:MD. ABUBAKKAR SIDDIQUE

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S/O LT. MASADDAR ALI VILL- PATIDOIYA, P.S. JAMUNAMUKH, DIST. NAGAON, NOW HOJAI, ASSAM.

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VERSUS

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1:THE UNION OF INDIA and 6 ORS

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TO BE REP. BY THE SECRETARY TO THE GOVT OF INDIA, HOME DEPARTMENT, NORTH BLOCK, NEW DELHI.

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2:STATE OF ASSAM

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TO BE REP. BY COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI -6.

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3:ADDITIONAL DIRECTOR GENERAL OF POLICE ASSAM BORDER BHANGAGARH GUWAHATI -05.

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4:DEPUTY COMMISSIONER NAGAON ASSAM.

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5:DEPUTY COMMISSIONER HOJAI SHANKARDEVNAGAR ASSAM.

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6:SUPERINTENDENT OF POLICE BORDER NAGAON ASSAM.

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7:SUPERINTENDENT OF POLICE BORDER

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HOJAI ASSAM

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Advocate for the Petitioner : MR.K MIRA

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HONBLE MR. JUSTICE UJJAL BHUYAN HON BLE MR. JUSTICE NELSON SAILO

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JUDGMENT

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Date : 04-05-2018

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(Ujjal Bhuyan, J.)

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Heard Mr. NH Mazarbhuyan, learned counsel for the petitioner in both the cases and Mr. J Payeng, learned Special Counsel, Foreigners’ Tribunal (FT).

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Md. Abu Bakkar Siddique is the petitioner in both the cases.

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In WP ( C) No. 6977 of 2016, he has assailed the legality and correctness of the order dated 26.03.2013 passed by the Foreigners’ Tribunal, Hojai at Sankardev Nagar in Case No.FT/H/104/2011 (State –vs- Md. Abu Bakkar Siddique) declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.

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In WP (C) No.7039 of 2016, petitioner has assailed the legality and correctness of the order dated 28.04.2014 passed by the same Tribunal i.e. the Foreigners’ Tribunal, Hojai at Sankardev Nagar in Case No.FT/H/3680/2012 (State –vs- Md. Abu Bakkar Siddique) declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.

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In WP ( C) No. 6977 of 2016, notice was issued on 22.11.2016 whereas in WP (C) No.7039 of 2016, notice was issued on 24.11.2016.

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We have perused both the orders of the Tribunal dated 26.03.2013 and 28.04.2014. On going through both the orders, we find that notice issued by the Tribunal was served upon

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the petitioner but petitioner did not respond to such notice compelling the Tribunal to proceed exparte whereafter opinions were rendered as above.

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Mr. NH Mazarbhuyan, learned counsel for the petitioner submits that petitioner did not receive notice. On the other hand, Mr. Payeng, learned Special Counsel, Foreigners’ Tribunal submits that record discloses that notice was personally served upon the petitioner. Therefore, there is no reason to disbelieve the finding recorded by the Tribunal.

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While we generally agree with the submission made by Mr. Payeng, learned Special Counsel, we however feel that despite the conduct of the petitioner, it would be in the interest of justice if one last opportunity is granted to the petitioner to contest both the references on merit.

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Accordingly, we set aside the orders dated 26.03.2013 and 28.04.2014. Petitioner shall now appear before the Foreigners’ Tribunal, Hojai at Sankardev Nagar in connection with Case No.FT/H/104/2011 and Case No.FT/H/3680/2012 along with his written statement on 24.05.2018 at 10.30 am whereafter Tribunal shall proceed with the two references together and conclude the same within a period of 60 days from the date of appearance.

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Writ petition is accordingly disposed of.

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Registry to send the LCR forthwith and inform the concerned Foreigners’ Tribunal, Deputy Commissioner and the Superintendent of Police (Border) for doing the needful.

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A copy of this order may be furnished to the learned Standing Counsel, Election Commission of India and State Coordinator, NRC.

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JUDGE JUDGE

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Md. Abubakkar Siddique v. the Union of India and 6 Ors.

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Md. Abubakkar Siddique v. the Union of India and 6 Ors.

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