Partly allowed

Pushpa Das @ Pushparani Das v. the Union of India and 5 Ors.

Gauhati HC2 Dec 2019WP(C)/2356/2019

Case brief

AI extract

What is this about?

The Gauhati High Court set aside an exparte order of the Foreigners Tribunal declaring the petitioner a foreigner of the post 1971 stream. Citing prima facie evidence of Indian citizenship, the Court granted the petitioner a final opportunity to appear and defend her case within two weeks.

What did the court decide?

Set aside the impugned exparte order dated 08.10.2018 and direct the petitioner to appear before the Foreigners Tribunal within two weeks.

Pushpa Das @ Pushparani Das Vs the Union of India… — Writ and Judicial Review | Gauhati HC (2019)

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GAHC010076772019

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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) 2356/2019

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1:PUSHPA DAS @ PUSHPARANI DAS

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W/O. LT. SUDHIR DAS, D/O- LT. MANORANJAN DAS, R/O. VILLCHANGJURAI, P.S. AND P.O. JAMUNAMUKH, DIST. HOJAI (ASSAM), PIN782428.

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VERSUS

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1:THE UNION OF INDIA AND 5 ORS.

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REP. BY THE COMM. AND SECY. TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-1.

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2:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY.-06.

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3:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM ACHYUT PLAZA BHANGAGARH GHY.-5.

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4:THE ELECTION COMMISSION OF ASSAM REP. BY THE COMM. BELTOLA-BASISTHA ROAD HOUSEFED COMPLEX GHY.-06 ASSAM.

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5:THE DY. COMMISSIONER HOJAI P.O.- SANKARDEVNAGAR DIST.- HOJAI (ASSAM) PIN- 782442.

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6:THE SUPERINTENDENT OF POLICE (B) HOJAI P.O.- SANKARDEVNAGAR DIST.- HOJAI (ASSAM) PIN- 782442

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Advocate for the Petitioner : MR. D P BORAH

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Advocate for the Respondent : ASSTT.S.G.I.

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BEFORE

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HONOURABLE MR. JUSTICE SUMAN SHYAM HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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02.12.2019

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Suman Shyam, J.

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Heard Mr. D. P. Borah, learned counsel for the petitioner. We have also heard Mr. A. Kalita, learned Standing Counsel, FT, appearing for the respondent Nos.2, 5 and 6 and Ms. A. Verma, learned Standing Counsel, NRC Coordinator, appearing for the respondent No.3. Ms. G. Hazarika, learned CGC, has appeared for the respondent No.1 and Mr. A. I. Ali, learned Standing Counsel, ECI, has appeared for the respondent No.4.

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This writ petition is directed against the exparte order dated 08.10.2018 passed by the learned Member, Foreigners’ Tribunal [10^th ], Nagaon declaring that the petitioner as a foreigner of the post 1971 stream.

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From a perusal of the exparte order dated 08.10.2018 we find that upon receipt of notice, the petitioner i.e. the proceedee had appeared before the learned Tribunal on 04.08.2018 and thereafter, took several adjournments for filing written statement. Even after the lapse of 64 days since her appearance before the Tribunal, the petitioner had failed to file the written statement as a result of which the learned Tribunal had fixed the matter for exparte proceeding and thereafter answered the Reference in the manner indicated herein above. From a perusal of the order dated 08.10.2019 we do not find any infirmity in the view adopted by the learned Tribunal in the facts and circumstances of the case.

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At this stage, Mr. Borah has invited our attention to certain vital documents brought on record including the citizenship registration certificate of the father of the petitioner and other documents which prima facie indicates that the father of the petitioner was an Indian citizen at the time of her birth. There are also other materials to prima facie indicate that the petitioner was born in India and has continued to reside in the country since her birth. Although the petitioner has not been very sincere in defending her interest before the learned Tribunal, yet, considering the bulk of materials brought on record, we are of the view that ends of justice will be met if the petitioner is granted one last opportunity to appear before the Tribunal and defend her interest.

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We accordingly, set aside the impugned ex-parte order dated 08.10.2018

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passed by the learned Member, Foreigners’ Tribunal [10^th ], Nagaon in F.T.(D) Case No.1183/2015 and direct the petitioner to appear before the learned

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Tribunal within two weeks from today by producing a copy of this order. On such appearance the learned Tribunal may proceed with the matter and answer the Reference in accordance with law after giving a reasonable opportunity to the petitioner to defend her case.

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It is made clear that if the petitioner fails to appear before the learned Tribunal within two weeks, as directed by this Court, the present order shall stand discharged without any further reference to this Court.

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Writ petition stands disposed of.

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JUDGE JUDGE

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Comparing Assistant

Pushpa Das @ Pushparani Das v. the Union of India and 5 Ors.

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Pushpa Das @ Pushparani Das v. the Union of India and 5 Ors.

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