Allowed

Jalil Dewan v. the Union of India and 5 Ors.

Gauhati HC17 Jul 2023WP(C)/3936/2023

Case brief

AI extract

What is this about?

The Gauhati High Court allowed a writ petition seeking to set aside an ex-parte order declaring the petitioner a foreigner. The court found no infirmity in the order but, for justice's sake, set it aside to allow the petitioner one more opportunity to discharge the burden of proving citizenship under Section 9 of the Foreigners Act, 1946. Costs were imposed due to the petitioner's conduct.

What did the court decide?

Ex-parte order dated 19.06.2023 set aside; petitioner directed to appear before Foreigners Tribunal No. 5 on 21.08.2023; Rs. 5,000 cost awarded.

Jalil Dewan Vs the Union of India and… — Constitutional and Fundamental Rights | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010148072023

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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)/3936/2023

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JALIL DEWAN

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S/O LT. MATIUR RAHMAN DEWAN @ MATIBUR RAHMAN DEWAN, VILLKAMPUR, P.S.-KAMPUR, DIST- NAGAON, ASSAM, PIN-782426

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VERSUS

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THE UNION OF INDIA AND 5 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF INDIA, HOME DEPARTMENT, NEW DELHI-1, INDIA

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2:THE STATE OF ASSAM

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

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3:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) ASSAM ACHYUT PLAZA BHANGAGARH GUWAHATI-5 ASSAM

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4:THE ELECTION COMMISSION OF INDIA TO BE REPRESENTED BY THE COMMISSIONER NIRVACHAN SADAN ASHOKA ROAD DELHI. 110001

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5:THE DEPUTY COMMISSIONER

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MORIGAON DIST-MORIGAON ASSAM

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6:THE SUPERINTENDENT OF POLICE (B) MORIGAON DIST-MORIGAON ASSA

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Advocate for the Petitioner : MR. Z HAMMAD

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

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BEFORE

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

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ORDER

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Date : 17.07.2023

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(A.M. Bujor Barua, J)

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Heard Mr. Z. Hammad, learned counsel for the petitioner and Mr. A.K. Dutta, learned counsel for the respondent No. 1, being the Union of India. Also heard Ms. A. Verma, learned counsel for the respondents No. 2 and 6, being the authorities in the Home Department; Ms. L. Devi, learned counsel for the respondent No. 3, being the State Co-ordinator of NRC; Mr. T. Pegu, learned counsel for the respondent No. 4, being the Election Commission of India and Ms. U. Das, learned counsel for the respondent No. 5, being the Deputy Commissioner, Morigaon.

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The petitioner Jalil Dewan had been referred to the Foreigners Tribunal No. 5, Morigaon for rendering an opinion as to whether he is a foreigner within the meaning of foreigner under the Foreigners Act, 1946, resulting in registration of Case No. F.T.(D) 1253/2017 (New Number) corresponding to F.T.(D) 1053/2011 (Old Number).

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The petitioner was served with the notice of the Tribunal and appeared before the Tribunal, but later on, without any reasonable cause, the petitioner did not attend the Tribunal any further. In the resultant situation, the ex-parte order dated 19.06.2023 was passed declaring the petitioner to be a foreigner.

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From the facts narrated above, we do not find any infirmity in the ex-parte order. But, however, for the interest of justice, the petitioner is given one more opportunity to establish his case on merit by discharging the burden under Section 9 of the Foreigners Act, 1946.

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In view of the above, the ex-parte order dated 19.06.2023 is set aside.

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Accordingly, the petitioner shall appear before the Foreigners Tribunal No. 5, Morigaon on 21.08.2023.

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However, because of the conduct of the petitioner, the petitioner to pay a cost of Rs. 5000/- in the account of Gauhati High Court Bar Association Welfare Fund and upon showing the proof of payment of the cost, shall appear before the Tribunal.

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The writ petition is allowed as indicated above.

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Comparing Assistant

Jalil Dewan v. the Union of India and 5 Ors.

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Jalil Dewan v. the Union of India and 5 Ors.

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