Allowed

Safaruddin @ Safir Uddin @ Safur Udddin v. the State of Assam and 5 Ors.

Gauhati HC17 Jun 2022WP(C)/4023/2022

Case brief

AI extract

What is this about?

The Gauhati High Court allowed a writ petition challenging an ex parte declaration that the petitioner was a foreigner. The court granted the petitioner an opportunity to appear before the Foreigners Tribunal and continue the petitioner's bail pending proceedings.

What did the court decide?

Ex parte order of Foreigners Tribunal dated 07.10.2021 set aside; petitioner granted opportunity to appear before Tribunal.

Safaruddin @ Safir Uddin @ Safur… — Constitutional and Fundamental Rights | Gauhati HC (2022)

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GAHC010116552022

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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)/4023/2022

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SAFARUDDIN @ SAFIR UDDIN @ SAFUR UDDDIN S/O- LATE IBRAHIM, R/O- VILL.- HERA PATTY, P.S. NAGAON (SADAR), DIST. NAGAON, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, HOME DEPTT., DISPUR, GUWAHATI-6.

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2:THE DEPUTY COMMISSIONER NAGAON DIST. NAGAON ASSAM PIN- 782001.

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3:THE SUPERINTENDENT OF POLICE NAGAON DIST. NAGAON ASSAM PIN- 782001.

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4:THE ELECTORATE REGISTRATION OFFICER NAGAON DIST. NAGAON ASSAM PIN- 782001.

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5:THE UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF HOME AFFAIRS NEW DELHI-1.

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6:THE STATE CO-ORDINATOR OF NRC P.O. AND P.S. BHANGAGARH

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DIST. KAMRUP METRO GUWAHATI-781005 ASSA

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Advocate for the Petitioner : MS. G BORAH

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

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B E F O R E

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HON’BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH HON’BLE MR. JUSTICE NANI TAGIA

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O R D E R

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17.06.2022

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[N. Kotiswar Singh, C J (Acting.)]

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Heard Ms. G. Borah, learned counsel for the petitioner. Also heard Mr. K.K. Parashar, learned CGC, who appears on behalf of Mr. R.K.D Choudhury, learned ASGI; Mr. G. Sharma, learned Standing Counsel, FT; Mr. A. Bhuyan, learned Standing Counsel, ECI; Mr. K.K. Parashar, learned counsel, who also appears on behalf of State Coordinator, NRC and Ms. K. Phookan, learned Government Advocate, Assam.

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2. Considering the nature of this case, we are of the view that the present writ petition can be disposed of at this stage.

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3. In this writ petition, the petitioner has challenged the ex parte opinion dated 07.10.2021 passed by the Foreigners Tribunal-1^st , Nagaon in FT(D) Case No.935/2012 by which the petitioner was declared to be a foreigner of post 1971 stream.

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4. Learned counsel for the petitioner has submitted that after receiving notice from the Tribunal, the petitioner appeared before the Tribunal and filed his written statement. However, unfortunately, after filing of written statement, Covid-19 pandemic struck because of which certain restrictions including lockdown were imposed, as a result, the petitioner could not appear before the Tribunal resulting in passing of the ex parte order.

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5. We have gone through the impugned opinion.

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6. It is mentioned in the impugned order that the petitioner had appeared along with his counsel on 29.08.2019 and filed his written statement on 27.11.2019, which shows that there was no deliberate attempt on the part of the petitioner to evade the process of law. As

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mentioned in the petition, the inability of the petitioner to appear before the Tribunal on regular basis was because of the lockdown imposed due to Covid-19 pandemic. It is submitted that otherwise, he has sufficient documents in his possession and the petitioner is ready to prove his case before the Tribunal and, accordingly, prays for another opportunity to appear before the Tribunal as he has already filed his written statement and necessary documents in support of his claim that he is not a foreigner but a citizen of India.

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7. Under the circumstances, we are of the view that the petition may be allowed by granting another opportunity to the petitioner to appear before the Tribunal.

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8. Accordingly, we allow this petition by setting aside the impugned ex parte order dated 07.10.2021 passed by the Foreigners Tribunal-1^st , Nagaon in FT(D) Case No.935/2012. The petitioner will appear before the Tribunal on 21.07.2022 and adduce evidence and the Tribunal, after hearing the petitioner and considering the evidences that may be adduced, will pass a fresh opinion as regards the citizenship status of the petitioner.

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9. Since the citizenship of the petitioner is under cloud, he will continue to remain on bail till culmination of the proceedings before the Tribunal subject to furnishing a bail bond of Rs.5,000/- with one local surety of the like amount to the satisfaction of the Superintendent of Police (Border), Nagaon. The concerned Superintendent of Police (Border) shall also take steps for capturing the fingerprints and biometrics of the iris of the petitioner, if so advised.

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The petitioner shall not leave the jurisdiction of Nagaon district without giving details of the place of destination and his place of stay to the Superintendent of Police (Border), Nagaon.

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10. The writ petition is, accordingly, disposed of.

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JUDGE CHIEF JUSTICE (ACTING)

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Comparing Assistant

Safaruddin @ Safir Uddin @ Safur Udddin v. the State of Assam and 5 Ors.

Case brief

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Safaruddin @ Safir Uddin @ Safur Udddin v. the State of Assam and 5 Ors.

Case brief

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