Remanded

Ashutosh Saha v. the Union of India and 5 Ors.

Gauhati HC4 Dec 2019WP(C)/6350/2019

Case brief

AI extract

What is this about?

The High Court set aside an ex-parte order declaring the petitioner a foreigner. Recognizing that further adjournments were justified, the Court remanded the matter to the Foreigners Tribunal for fresh disposal on merits within 60 days, conditioning relief on the petitioner's appearance.

What did the court decide?

Ex-parte order set aside; matter remanded to Tribunal for fresh disposal on merits; appearance directed within 2 weeks.

Ashutosh Saha Vs the Union of India… — Constitutional and Fundamental Rights | Gauhati HC (2019)

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Page No.# 1/4

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GAHC010205582019

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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) 6350/2019

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1:ASHUTOSH SAHA

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S/O. LT. BANCHIT SAHA, VILL. KUKURAKATA, P.S. TANGLA, DIST. UDALGURI, BTAD, 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 SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, SHASTRI BHAWAN, NEW DELHI-01.

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2:THE STATE OF ASSAM

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI-06.

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3:THE DY. COMMISSIONER UDALGURI BTAD P.O. AND DIST. UDALGURI ASSAM PIN-784509.

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4:THE SUPDT. OF POLICE (B) UDALGURI P.O. AND DIST. UDALGURI BTAD ASSAM PIN-784509.

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5:THE ELECTION COMMISSION OF INDIA NEW DELHI

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TO BE REP. BY CHIEF ELECTION COMMISSIONER OF INDIA NEW DELHI-01.

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6:THE STATE COORDINATOR OF NATIONAL REGISTRAR OF CITIZEN ASSAM BHANGAGARH LACHIT NAGAR GUWAHATI-05

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Advocate for the Petitioner : DR. B AHMED Advocate for the Respondent : ASSTT.S.G.I.

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

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ORDER

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Date : 04-12-2019

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Suman Shyam, J

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Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Ms. G. Hazarika, learned CGC appearing for the Union of India, respondent No. 1, Mr. A. Kalita, learned standing counsel, Foreigners Tribunal, representing respondent Nos. 2, 3 and 4, Ms. A. Verma, learned standing counsel, NRC authority appearing for the respondent No. 6 and Ms. B. Das, learned standing counsel, Election Commission of India, appearing for the respondent No. 5.

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This writ petition is directed against the ex-parte order dated 20-07-2019 passed by the learned Member, Foreigners Tribunal, Udalguri, BTAD, Assam in connection with reference case No. UEL-66/97/2385 dated 01-11-1997 whereby the petitioner has been declared to be a foreigner.

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Page No.# 3/4

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Record reveals that the notice issued by the learned Tribunal had been received by

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the petitioner where-after, he had also appeared by engaging counsel and sought adjournments on three occasions which were allowed by the learned Tribunal but when the petitioner had filed an application seeking adjournment again on 31-05-2019, the same was rejected by the learned Tribunal on the ground that sufficient adjournment have already been granted to him in the reference case.

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In paragraph 8 of the petition an attempt has been made to explain the reason as to why the petitioner was compelled to seek repeated adjournments. We have perused the same.

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The petitioner has also brought on record the photocopies of the passport and registration certificate of his father Banchit Saha issued in the year 1954 in support of his claim that he was born out of Indian parents and his father was a citizen of India residing in Assam at the time of his birth.

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Taking note of the explanation furnished by the petitioner and in view of the documents brought on record in the form of Annexure- 2 and 3 to the writ petition, we are of the view that for ends of justice, one more opportunity should be granted to the writ petitioner to contest the reference case on merit before the learned Tribunal.

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We, accordingly, set aside the impugned ex-parte order dated 20-07-2019 and remand the matter back to the learned Foreigners Tribunal, Udalguri.

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The petitioner is directed to appear before the learned Tribunal within 02 weeks from today and produce certified copy of this order.

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Page No.# 4/4

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Upon such appearance, the learned Tribunal may proceed to dispose of the

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reference afresh on merit after giving proper opportunity to the petitioner to produce his evidence.

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The reference be disposed of as expeditiously as possible but not later than 60 days from the date of appearance of the petitioner.

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It is made clear that if the petitioner fails to appear within the time fixed by this Court and participate in the proceeding before the learned Tribunal in accordance with law, this order shall stand discharged without any further reference to this Court.

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Writ petition is, accordingly, disposed of.

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JUDGE JUDGE GS

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Comparing Assistant

Ashutosh Saha v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

Ashutosh Saha v. the Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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