Remanded

Hasna Bhanu @ Hasena Bhanu @ Khatun v. the Union of India and 6 Ors.

Gauhati HC3 Feb 2023WP(C)/165/2020

Case brief

AI extract

What is this about?

This judgment addresses a Writ petition challenging an ex parte opinion by the Foreigners Tribunal due to impossibility of serving notice. The Court held that the interest of justice requires the matter to be remanded for fresh adjudication.

What did the court decide?

The writ petition allowing the appeal against the ex-parte order is allowed. The matter is remanded to the Foreigners Tribunal for a fresh adjudication upon the petitioner's appearance.

Hasna Bhanu @ Hasena Bhanu @ Khatun Vs the Union of India and 6 Ors. — Gauhati HC (2023) — LawSathi Research

¶1

Page No.# 1/3

¶2

GAHC010001542020

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/165/2020

¶5

HASNA BHANU @ HASENA BHANU @ KHATUN W/O- MOHAMMAD ALI @ MAHMUD ALI, D/O- ABU TAHER @ TAHER ALI, VILL- RAMHARIRCHAR PT-II, P.O. KHARMUJA, P.S. PANCHARATNA, DIST.GOALPARA, PIN- 783129

¶6

VERSUS

¶7

THE UNION OF INDIA AND 6 ORS. REP. BY THE SECY. TO THE GOVT. OF INDIA, DEPTT. OF HOME, NEW DELHI-1

¶8

2:THE STATE OF ASSAM REP. BY THE SECY. TO THE GOVT. OF ASSAM DEPTT. OF HOME DISPUR GHY-6

¶9

3:THE DY. COMMISSIONER GOALPARA PIN- 783101

¶10

4:THE SUPERINTENDENT OF POLICE (B) GOALPARA PIN- 783101

¶11

5:THE ELECTION COMMISSION GOVT. OF INDIA NEW DELHI-1

¶12

6:THE STATE CO-ORDINATOR OF NATIONAL REGISTRATION (NRC) ASSAM GHY-32

¶13

Page No.# 2/3

¶14

7:THE FOREIGNERS TRIBUNAL NO.7 GOALPARA

¶15

REP. BY THE STANDING COUNSEL OF THE TRIBUNAL PIN- 78310

¶16

Advocate for the Petitioner : MR. A ROSHID

¶17

Advocate for the Respondent : ASSTT.S.G.I. (R1)

¶18

BEFORE

¶19

HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN

¶20

ORDER

¶21

Date : 03-02-2023

¶22

Heard Mr. A Roshid learned counsel for the petitioner. Also heard Ms. L Devi learned counsel for respondent Nos.1 and 6, Mr. J Payeng learned counsel for respondent Nos.2, 3, 4 and 7 and Ms. B Das learned counsel for respondent No.5.

¶23

The petitioner was referred for an opinion to the Foreigners Tribunal, Goalpara as to whether, she is a person who entered the State of Assam subsequent to 25.03.1971 but notice could not be served by the Tribunal to the petitioner and the service report indicates that the petitioner was not traceable. The report also indicates that certain persons were asked about the whereabouts of the petitioner but such persons were also unaware of it.

¶24

In the resultant circumstance, the ex parte opinion dated 09.10.2014 has been rendered.

¶25

Being aggrieved this petition is instituted. Considering the aspect that the notice could not be served on the petitioner before the ex-parte opinion was rendered, we are of the view that the interest of justice

¶26

Page No.# 3/3

¶27

requires the matter to be remanded back to the Tribunal for a fresh adjudication on its own merit and upon appearance the petitioner shall be given all the opportunities to present her case before the Tribunal.

¶28

The petitioner is directed to appear before the Tribunal on 24.02.2023 along with a certified copy of this order and upon her appearance, the Tribunal shall proceed as per law.

¶29

In the event, the petitioner does not appear on the given date, the earlier opinion dated 09.10.2014 would prevail in respect of the petitioner.

¶30

JUDGE

¶31

Comparing Assistant

Hasna Bhanu @ Hasena Bhanu @ Khatun v. the Union of India and 6 Ors.

Case brief

What is this about?

What did the court decide?

Hasna Bhanu @ Hasena Bhanu @ Khatun v. the Union of India and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Abhhijit Sarmah Vs Union of India and 6 Ors.

Abhijit Sarma and Anr. Vs the State of Assam and 2 Ors.

Mamoni Baidya Vs Union of India and 5 Ors.

Majeda Begum Vs the Union of India and 5 Ors.

Jaruna Begum@Jorina Begum Vs the Union of India and 6 Ors.

Santosh Biswas @ Santosh Das and Anr. Vs the Union of India and 5 Ors.