Gauhati High Court
Jay Sundari Barman vs The Union Of India And 3 Ors on 11 February, 2019
Author: A.M. Bujor Barua
Bench: Achintya Malla Bujor Barua, Ajit Borthakur
Page No.# 1/3
GAHC010007522019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 732/2019
1:JAY SUNDARI BARMAN
W/O- LT SATISH BARMAN, R/O- VILL- NIZ-GOBARDHAN, P.S.
PRAGJYOTISHPUR, DIST- KAMRUP (M), ASSAM
VERSUS
1:THE UNION OF INDIA AND 3 ORS.
REP. BY THE SECY. TO HE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS,
JAISALMER HOUSE, 26, MANSINGH ROAD, NEW DELHI- 110011
2:THE STATE OF ASSAM
REP. BY ITS SECY.
DEPTT. OF HOME
DISPUR
GHY-6
3:THE SUPERINTENDENT OF POLICE (B)
KAMRUP (M)
DIST- KAMRUP (M)
ASSAM
PIN- 781001
4:THE DY. COMMISSIONER
KAMRUP (M)
DIST- KAMRUP (M)
ASSAM
PIN- 78100
Advocate for the Petitioner : MR. U DUTTA
Advocate for the Respondent : ASSTT.S.G.I.
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BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 11-02-2019 (A.M. Bujor Barua, J) Heard Mr. U. Dutta, learned counsel for the petitioner. Also heard Mr. A.I. Ali, learned counsel for the Election Commission of India, Mr. A. Kalita, learned counsel for the State of Assam appearing for the Foreigners' Tribunal and Border Areas, Ms. A. Verma, learned standing counsel for the authorities under the NRC as well as Ms. G. Sarma, learned counsel for the authorities under the Union of India.
2. On being referred by the Superintendent of Police, Border, Kamrup(Metro), IM(D)T Case No.1123/2000 was registered against the petitioner in the Illegal Migrants Determination Tribunal at Guwahati. On the IMDT Act being declared ultra vires, the reference was transferred to the Foreigners Tribunal, Kamrup(M) and was re-numbered as F.T. Kamrup(Metro) D.V. Case No.234/2010.
3. The Tribunal in its order dated 06.01.2012 records that the notice was issued on the petitioner who had received the same, but had failed to appear.
4. Mr. U. Dutta, learned counsel for the petitioner also makes a statement that the petitioner had initially appeared through a counsel, but subsequently abandoned the proceeding before the Tribunal. No acceptable cause has been shown as to why the petitioner had abandoned the proceeding.
5. In view of the above, we do not find infirmity in the order dated 06.01.2012 of the Foreigners Tribunal Kamrup(M) in F.T. Kamrup(Metro) D.V. Case No.234/2010.
6. But however as the reference was answered against the petitioner without the relevant material Page No.# 3/3 being produced by her, we are of the view that the interest of justice requires the petitioner be given another opportunity.
7. Accordingly, the petitioner shall appear before the Foreigners Tribunal, Kamrup (Metro) on 18.03.2019 along with a copy of the written statement to be filed as the proceeding was abandoned by the petitioner without any acceptable cause and a cost of Rs.15,000/- is imposed on the petitioner to be deposited before the District Legal Service Authority at Guwahati.
8. Upon the proof of cost being paid be produced, the petitioner shall appear before the Tribunal on 18.03.2019 along with a copy of the written statement to be filed and upon her appearance, the Tribunal shall adjudicate the reference within a period of 60 days thereafter.
9. In the event, the petitioner does not appear or does not cooperate, the Tribunal will be at liberty to pass order as per law.
JUDGE JUDGE Comparing Assistant