Case brief
What is this about?
WP(C)/5155/2024, Gauhati High Court, 08.01.2025, DB (K. R. Surana, J.; Susmita Phukan Khaund, J.). Ex parte opinion of Member, Foreigners' Tribunal - III, Barpeta (FT Case No. 14(III)/2019, Ref. No. 328/2001) declaring petitioner foreigner of post-25.03.1971 stream set aside on COVID-19-period ground; one opportunity to file written statement and evidence on affidavit; appearance on or before 17.02.2025; conditional release from Transit Camp, Matia, Goalpara; Rs.5,000/- bail bond with like surety before SP (Border), Barpeta; biometrics (iris, fingerprints, photographs); territorial-jurisdiction restriction; Foreigners' (Tribunals) Order 1964 para-3(8) 10-day timelines noted; Article 226; order expressly non-precedential; writ petition allowed, no costs.
What did the court decide?
Writ petition allowed to the extent indicated: impugned ex parte opinion dated 29.01.2022 of the Member, Foreigners' Tribunal - III, Barpeta (FT Case No. 14(III)/2019, Reference No. 328/2001) set aside, granting the petitioner one opportunity to file his written statement and evidence (appearance fixed on or before 17.02.2025); petitioner to be released from the Transit Camp, Matia, Goalpara within 3 working days on conditions (Rs.5,000/- bail bond with one like surety before SP (Border), Barpeta, biometrics to be obtained, bar on leaving the SP's territorial jurisdiction without prior written intimation); no order as to costs; Registry to send back records to the learned Tribunal.