Partly allowed

Amrika Debnath v. the Union of India and 5 Ors.

Gauhati HC6 Dec 2019WP(C)/6437/2019

Case brief

AI extract

What is this about?

This writ petition challenged an exparte order declaring the petitioner, a 95-year-old lady, as a foreigner. The Court set aside the impugned order allowing the petitioner one more opportunity to appear before the Foreigners' Tribunal to file a written statement and lead evidence.

What did the court decide?

Impugned order dated 13.09.2018 set aside. Petitioner directed to appear before learned Tribunal on or before 22.01.2020.

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

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GAHC010209072019

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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) 6437/2019

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1:AMRIKA DEBNATH

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WIFE OF LATE MAHENDRA DEBNATH, RESIDENT OF VILLAGEDUGARMAKHA, UNDER P.S. TANGLA, IN THE DISTRICT OF UDALGURI, BTAD, ASSAM.

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VERSUS

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1:THE UNION OF INDIA AND 5 ORS.

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REPRESENTED 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 REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6.

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3:THE DEPUTY COMMISSIONER UDALGURI BTAD P.O. AND DISTRICT- UDALGURI ASSAM. PIN- 784509.

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

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5:THE ELECTION COMMISSION OF INDIA

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NEW DELHI

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TO BE REPRESENTED BY THE CHIEF ELECTION COMMISSIONER OF INDIA

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NEW DELHI-01.

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6:THE STATE COORDINATOR OF NATIONAL REGISTRAR OF CITIZEN ASSAM BHANGAGARH LACHIT NAGAR GUWAHATI-5

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Advocate for the Petitioner : DR. B U AHMED

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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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06.12.2019

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Suman Shyam, J.

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Heard Mr. A. U. Ahmed, learned counsel appearing for the writ petitioner.

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We have also heard Mr. A. Kalita, learned Standing Counsel, FT, Ms. A. Verma, learned Standing Counsel, NRC Coordinator, Ms. G. Hazarika, learned CGC and Ms. N. Upadhyay, learned Standing Counsel, ECI, appearing for the official respondents.

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This writ petition is directed against the exparte order dated 13.09.2018 passed by the learned Member, Foreigners’ Tribunal, Udalguri (BTAD), Assam, in connection with FT(DV) Case No.UDL/FT/1305/2015, whereby the petitioner was declared to be a foreigner of the post 1971 stream.

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By referring to the impugned order, Mr. Ahmed submits that notice in this case was served upon the son of the petitioner but she being an old lady aged about 95 years, was unable to move on her own without the support of others as a result of which, the petitioner had failed to remain present before the learned Tribunal. Submitting that the writ petitioner was absent only in one occasion, which had lead the learned Tribunal into passing the exparte opinion, Mr. Ahmed has prayed for setting aside the impugned order.

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From a perusal of the impugned order, we are of the prima facie view that the petitioner was absent only on one date and therefore, she deserves one more chance to appear and defend her interest before the learned Tribunal.

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Mr. Kalita, learned Standing Counsel, FT, has also submitted in his usual fairness that considering the age of the petitioner and the facts and circumstances of the case in its entirety, he would have no objection if the petitioner is granted one more opportunity to appear before the learned Tribunal and contest the case.

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Taking note of the submission of learned counsel for the parties and on appreciation of the facts and circumstances of the case, we are inclined to accept the prayer made by the petitioner.

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The impugned order dated 13.09.2018 is, therefore, set aside. The petitioner is directed to appear before the learned Tribunal on or before 22.01.2020 and produce a certified copy of this order. On such appearance the learned Tribunal may give an opportunity to the petitioner to file written statement and lead evidence and thereafter, proceed to dispose of the

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reference case on merit.

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It is, however, made clear that if the petitioner fails to appear before the learned Tribunal on or before the date fixed by this Court, this order shall stand automatically 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

Amrika Debnath v. the Union of India and 5 Ors.

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Amrika Debnath v. the Union of India and 5 Ors.

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