Gauhati High Court
Amran Hussain @ Md. Amran Ali vs The Union Of India And 5 Ors on 10 June, 2019
Bench: Manojit Bhuyan, Prasanta Kumar Deka
Page No.# 1/3
GAHC010114432019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3428/2019
1:AMRAN HUSSAIN @ MD. AMRAN ALI
S/O- LT. HAMED ALI, VILL. TENGAGURI KACHARIGAON, P.S.
LAHARIGHAT, P.O.- TENGAGURI, PIN- 782127, DIST.- MORIGAON, ASSAM.
VERSUS
1:THE UNION OF INDIA AND 5 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF INDIA, HOME DEPARTMENT, NEW DELHI-1, INDIA.
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE STATE CO-ORDINATOR
NATIONAL REGISTER OF CITIZENS (NRC)
ASSAM
ACHYUT PLAZA
BHANGAGARH
GUWAHATI-5
ASSAM.
4:THE ASSAM STATE ELECTION COMMISSION
BELTOLA- BASISTHA ROAD
HOUSEFED COMPLEX
GUWAHATI-6
ASSAM.
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5:THE DEPUTY COMMISSIONER
MORIGAON
DIST. MORIGAON
ASSAM.
6:THE SUPERINTENDENT OF POLICE (B)
MORIGAON
DIST. MORIGAON
ASSAM
Advocate for the Petitioner : MR. Z HAMMAD
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE MANOJIT BHUYAN
HON'BLE MR. JUSTICE PRASANTA KUMAR DEKA
O R D E R
10.06.2019 (Manojit Bhuyan, J) Heard Mr. Z. Hammad, learned counsel for the petitioner as well as Mr. J. Payeng, learned counsel representing respondent nos.2, 5 and 6. Ms. B. Das, learned counsel represents respondent no.4 whereas Ms. U. Das, learned counsel represents respondent no.3. None appears for the respondent no.1.
Petitioner assails the common ex-parte order dated 24.12.2018 passed by the Foreigners' Tribunal, Jorhat, Assam in Case No. JFT.398/2007, along with other matters, declaring him to be a foreigner having illegally entered into India (Assam) after 25.03.1971.
Mr. Hammad submits that the order of the Tribunal was passed without granting opportunity to the petitioner to contest the case and/or opportunity to discharge the burden, as required of him, under Section 9 of the Foreigners Act, 1946. It is stated that no notice, whatsoever, was served upon the petitioner.
To test the arguments so advanced, we have perused the materials available on record. It is seen from the order dated 24.12.2018 that notice was duly served on the petitioner in Page No.# 3/3 terms of para 3(5)(g) of the Foreigners (Tribunal) Order, 1964.
In the writ petition it is stated that the petitioner came to learn about the ex parte order when the Police personnel visited his house in search of him. Petitioner submits that he has a good case on merits and, given one more opportunity, he can successfully discharge the burden, as required of him, under Section 9 of the Foreigners' Act, 1946.
We have heard the learned counsels for the parties and have perused the materials on record. We find that there was due compliance of service of Notice as required to be done under para 3(5)(g) of the Foreigners (Tribunals) Order, 1964. In this, the petitioner cannot question. However, there is another aspect of the matter. There is no gainsaying that the citizenship is a valuable right. For making a declaration otherwise, reasonable opportunity has to be afforded which, of course, cannot be relegated to an endless exercise. Having regard to the facts of the instant case, we are of the opinion that for the ends of justice an opportunity should be afforded to the petitioner to contest the reference case on merits.
In this view of the matter we set aside the impugned order dated 24.12.2018 only in so far as the petitioner is concerned, with direction to the petitioner to appear before the Foreigners' Tribunal, Jorhat on 26.06.2019, at 10.30 AM, on which date he shall file his written statement as well without fail. No fresh Notice is required to be issued by the Tribunal, either for his appearance or for filing written statement. The Tribunal shall proceed accordingly and conclude the proceeding within 60(sixty) days from 26.06.2019. We make it clear that if the petitioner defaults in appearing before the Tribunal and to file written statement on 26.06.2019 and/or defaults in participating in the proceeding on the dates to be fixed in the case, it shall be open to the Tribunal to pass such order or orders as may be deemed fit and proper and in accordance with law.
To the extent above, the writ petition stands allowed.
JUDGE JUDGE Comparing Assistant