Remanded

Hasmat Ali @ Hasmat Miya v. the Union of India and 4 Ors.

Gauhati HC8 Feb 2023WP(C)/849/2018

Case brief

AI extract

What is this about?

In a writ challenge to a Foreigner Tribunal order, the High Court remanded the matter to the Tribunal for fresh consideration on merit despite the petitioner's failure to appear, while ordering the petitioner to bear litigation costs and withdrawing the local court warrant.

What did the court decide?

Madam petitioner to appear on 13.03.2023; the LCR is sent back; cost of Rs.2500/- payable to DLSA.

Hasmat Ali @ Hasmat Miya Vs the Union… — Constitutional and Fundamental Rights | Gauhati HC (2023)

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Page No.# 1/2

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GAHC010025152018

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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)/849/2018

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HASMAT ALI @ HASMAT MIYA

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S/O- LT SUKUR MIYA@ SUKUR ALI@ SUKUR MAMUD, R/O- VILLNOWAGAON, P.S. MANIKPUR, DIST- BONGAIGAON, ASSAM

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VERSUS

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THE UNION OF INDIA AND 4 ORS. REP. BY THE SECRETARY, HOME DEPTT.

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2:THE STATE OF ASSAM

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT.

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GHY-6

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3:THE SUPERINTENDENT OF POLICE (BORDER) BONGAIGAON DISTRICT BONGAIGAON ASSAM

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4:THE DEPUTY COMMISSIONER (ELECTION) BONGAIGAON DISTRICT BONGAIGAON ASSAM

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5:THE DIRECTOR GENERAL OF POLICE REHABARI GHY-8 DIST- KAMRUP(M) ASSA

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Advocate for the Petitioner : MR. P K BORAH

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Page No.# 2/2

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Advocate for the Respondent : ASSTT.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 : 08.02.2023 (A.M. Bujor Barua, J)

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Heard Ms. P Borah, learned counsel for the petitioner. Also heard Mr. K K Parashar, learned counsel for the respondents no. 1 being the Union of India, Ms. A Verma, learned counsel for the respondents no. 2, 3 and 5 being the Home Department of the Government of Assam and Ms. U Das, learned counsel for the respondent no. 4 being the Deputy Commissioner (Election), Bongaigaon.

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The petitioner Md. Hasmat Ali @ Hasmat Miya was referred for an opinion as to whether he is a person who entered the State of Assam from a specified territory after 25.03.1971 and accordingly, FT Case No. 871/2007 was registered in the Foreigners Tribunal No. 1, Bongaigaon. Although the petitioner initially appeared but subsequently he refrained from appearing before the Tribunal without any acceptable reason which resulted in the judgment and order dated 20.01.2016.

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Considering the conduct of the petitioner but also taking note of the interest of justice, we remand the matter back to the Tribunal for a fresh consideration on merit but however, due to the conduct of the petitioner a cost of Rs.2500/- be paid to the District Legal Service Authority, Bongaigaon.

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The petitioner to appear before the Tribunal on 13.03.2023.

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Send back the LCR immediately.

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Writ petition stands disposed of in the above terms.

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JUDGE JUDGE

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Comparing Assistant

Hasmat Ali @ Hasmat Miya v. the Union of India and 4 Ors.

Case brief

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Hasmat Ali @ Hasmat Miya v. the Union of India and 4 Ors.

Case brief

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