Gauhati High Court
Smt. Geeta Karmakar And 4 Ors vs Union Of India And 5 Ors on 15 May, 2019
Author: Manojit Bhuyan
Bench: Manojit Bhuyan, Manish Choudhury
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GAHC010273632018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 8597/2018
1:SMT. GEETA KARMAKAR AND 4 ORS.
W/O- SRI DIPAK KARMAKAR, R/O- VILL- NA BHETI, P.O. AND P.S.
MORIGAON, DIST- MORIGAON, PIN- 782105, ASSAM
2: SRI DIPAK KARMAKAR
W/O- LT SURESH KARMAKAR
R/O- VILL- NA BHETI
P.O. AND P.S. MORIGAON
DIST- MORIGAON
PIN- 782105
ASSAM
3: BAPON KARMAKAR
S/O- SRI DIPAK KARMAKAR
R/O- VILL- NA BHETI
P.O. AND P.S. MORIGAON
DIST- MORIGAON
PIN- 782105
ASSAM
4: MITHUN KARMAKAR
S/O- SRI DIPAK KARMAKAR
R/O- VILL- NA BHETI
P.O. AND P.S. MORIGAON
DIST- MORIGAON
PIN- 782105
ASSAM
5: MAMONI KARMAKAR
W/O- ASHOK BHOWMIK AND D/O- SRI DIPAK KARMAKAR
R/O- VILL- NA BHETI
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P.O. AND P.S. MORIGAON
DIST- MORIGAON
PIN- 782105
ASSA
VERSUS
1:UNION OF INDIA AND 5 ORS.
REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS
(CENTRAL SECRETARIAT), P.O. NEW DELHI- 110001
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
ASSAM SACHIBALAYA
DISPUR
P.O. GHY-6
3:THE ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI- 110001
4:THE OFFICE OF THE STATE COORDINATOR OF NATIONAL REGISTER OF
CITIZENS (NRC)
ASSAM
1ST FLOOR
ACHYUT PLAZA
G.S.ROAD
BHANGAGARH
GHY- 5
DIST- KAMRUP (M)
ASSAM
5:THE DY. COMMISSIONER
MORIGAON DISTRICT
ASSAM
PIN- 782105
6:THE SUPERINTENDENT OF POLICE (B)
MORIGAON DISTRICT
ASSAM
PIN- 78210
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Advocate for the Petitioner : MR. A R SHOME
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE HONOURABLE MR. JUSTICE MANOJIT BHUYAN HONOURABLE MR. JUSTICE MANISH CHOUDHURY order Date : 15-05-2019 (Manojit Bhuyan, J) Heard Mr. A.R. Shome, learned counsel for the petitioners as well as Mr. A. Kalita, learned counsel representing respondent nos. 2, 5 and 6. Ms. A. Verma, learned counsel appears for respondent no.4. None appears for the respondent nos. 1 and 3.
Petitioners assail order/opinion dated 19.09.2016 passed by the Foreigners' Tribunal No. 3rd, Morigaon, Assam, in Case No. FT(D) 197/2015. Moreover, in the reference proceedings it was only the petitioner no. 1 Geeta Karmakar who was the proceedee and declared to be a foreigner, having illegally entered into India (Assam) from Bangladesh after 25.03.1971. As such, this order is only confined to Geeta Karmakar.
It appears from the materials available on record that consequent upon due service of notice the petitioner no. 1 appeared before the Tribunal on 10.04.2014 and eventually submitted written statement on 29.09.2014. The case was then fixed for evidence. On as many as four occasions i.e. 06.05.2016, 10.06.2016, 04.08.2016 and 15.09.2016 the petitioner no. 1 did not adduce her evidence and sought adjournment on various grounds.
On the above, the Tribunal recorded that the petitioner no. 1 had taken adjournments on all the dates fixed for adducing evidence on ground of illness but not a single medical document had been annexed to support the ground of illness and was deliberately delaying the proceeding despite grant of reasonable opportunities to adduce evidence and to prove the documents. In such a situation, an adverse view was taken by the Tribunal and the impugned order/opinion dated 19.09.2016 was rendered.
Mr. Shome submits that having regard to the fact that the petitioner no. 1 could not Page No.# 4/5 appear before the Tribunal for valid reasons, the reference case ought not to have been decided against the petitioner without granting adequate opportunity to defend the case. It is further stated that the petitioner has a good case on merits and, given one more opportunity, she can successfully discharge the burden as required of her under section 9 of the Foreigners' Act, 1946. It is further stated that since the petitioner has already filed written statement along with documents, an opportunity requires to be afforded, although such opportunity cannot be relegated to an endless exercise.
We have heard the learned counsels for the parties and have also perused the materials on record. Apparently, the petitioner no. 1 has already filed written statement. We are of the opinion that for the ends of justice at least one more opportunity should be afforded to the petitioner no. 1 to contest the police reference on merits. In this view of the matter, we set aside the order/opinion dated 19.09.2016 with direction to the petitioner no. 1 to appear before the Foreigners' Tribunal No. 3rd, Morigaon on 31.05.2019 at 10.30 AM, on which date she shall file evidence-on-affidavit without fail. In this regard, no fresh notice is required to be issued by the Tribunal for her appearance. The Tribunal shall proceed accordingly and conclude the proceeding within 45 (forty five) days from 31.05.2019. We make it clear that if the petitioner defaults in appearing before the Tribunal on 31.05.2019 and/or evades filing of evidence-on-affidavit on 31.05.2019, 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 disposed of.
JUDGE JUDGE
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Comparing Assistant