Allowed

Amar Chandra Das @ Amar Das v. the Union of India and 5 Ors.

Gauhati HC2 Dec 2019WP(C)/2599/2019

Case brief

AI extract

What is this about?

The Gauhati High Court set aside an ex-parte order of a Foreigners' Tribunal that declared the petitioner a foreigner. Noting substantial documentary evidence submitted by the petitioner despite prior default, the Court granted him one last opportunity to defend his case and remanded the matter for fresh disposal.

What did the court decide?

The impugned ex-parte order is set aside. The case is remanded to the Tribunal for fresh disposal. The petitioner is directed to appear within two weeks and file a certified copy of the order.

Amar Chandra Das @ Amar Das Vs the… — Constitutional and Fundamental Rights | Gauhati HC (2019)

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Page No.# 1/4

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GAHC010076802019

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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) 2599/2019

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1:AMAR CHANDRA DAS @ AMAR DAS

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S/O- LATE KOKIL CHANDRA DAS @ KOKIL DAS, R/O- VILL- BARJARI MAJGAON, P.O AND P.S- JAMUNAMUKH, DIST- HOJAI, ASSAM, PIN- 782428

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VERSUS

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1:THE UNION OF INDIA AND 5 ORS

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REP. BY THE MIN OF HOME AFFAIRS, GOVT OF INDIA, NEW DELHI- 1

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2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM HOME DEPTT DISPUR GUWAHATI- 6

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3:THE STATE COORDINATOR NRC ASSAM ACHYUT PLAZA BHANGAGARH GUWAHATI- 5

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4:THE ELECTION COMMISSION OF ASSAM REP. BY THE COMMISSIONER BELTOLA BASISTHA ROAD HOUSEFED COMPLEX GUWAHATI- 6 ASSAM

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5:THE DEPUTY COMMISSIONER

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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- 78244

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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

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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 ex-parte order dated 22.06.2016

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passed by the learned Member, Foreigners’ Tribunal [10^th ], Nagaon in F.T.(D) Case No.479/2015 declaring that the petitioner as a foreigner.

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A perusal of the impugned order dated 22.06.2016 goes to show that upon receipt of notice issued by the learned Tribunal the petitioner had entered appearance but had failed to submit his written statement despite repeated opportunities granted by the learned Tribunal.

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In order to explain the conduct of his client, Mr. Borah submits that the petitioner was instructed by his lawyer that his appearance and filing of written statement would be duly intimated at an appropriate stage as a result of which the petitioner did not take steps in the matter. The aforesaid explanation furnished by Mr. Borah is not convincing at all and therefore, cannot be accepted by this Court. We are of the opinion that the learned Tribunal has rightly fixed the matter for ex-parte proceeding.

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However, we have also noticed that the petitioner has brought a number of documentary evidence on record to establish his claim of citizenship including passport of his father, Admit Card of HSLC examination, HSLC pass certificate and land documents to show his ordinary residency in the India since birth. Having regard to the bulk of the documentary evidence brought on record, we are of the view that for ends of justice the petitioner should be given one last opportunity to defend his interest before the learned Tribunal.

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Accordingly, the impugned order dated 22.06.2016 passed by the

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learned Member, Foreigners’ Tribunal [10^th ], Nagaon in F.T.(D) Case No.479/2015 is set aside. The case is remanded to the learned Tribunal for fresh disposal of the Reference after giving opportunity to the proceedee to place his case on merit.

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The petitioner is directed to appear before the learned Foreigners’

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Tribunal within two weeks from today and produce a certified copy of this order.

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Writ petition stands disposed of.

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JUDGE JUDGE

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Comparing Assistant

Amar Chandra Das @ Amar Das v. the Union of India and 5 Ors.

Case brief

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Amar Chandra Das @ Amar Das v. the Union of India and 5 Ors.

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