Gauhati High Court
Abdul Sattar @ Md. Sattar Ali vs The State Of Assam And 5 Ors on 3 May, 2019
Author: Manojit Bhuyan
Bench: Manojit Bhuyan, Manish Choudhury
Page No.# 1/4
GAHC010058422019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2597/2019
1:ABDUL SATTAR @ MD. SATTAR ALI
S/O- LT FARZUL ALI, VILL- BANDARDUBI, P.S. JAKHALABANDHA, DIST-
NAGAON, ASSAM
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, HOME DEPTT.,
DISPUR, GHY-6
2:THE DY. COMMISSIONER
NAGAON
DIST- NAGAON
ASSAM
PIN- 782001
3:THE SUPERINTENDENT OF POLICE
NAGAON
DIST- NAGAON
ASSAM
PIN- 782001
4:THE ELECTORATE REGISTRATION OFFICER
NAGAON
DIST- NAGAON
ASSAM
PIN- 782001
5:THE UNION OF INDIA
REP. BY THE SECY.
MINISTRY OF HOME AFFAIRS
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NEW DELHI-1
6:THE STATE CO-ORDINATOR OF NRC
P.O. AND P.S. BHANGAGARH
DIST- KAMRUP (M)
GHY-5
ASSA
Advocate for the Petitioner : MS. G BORAH
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANOJIT BHUYAN
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
03.05.2019 (Manojit Bhuyan, J) Heard Ms. G. Borah, learned counsel for the petitioner as well as Mr. J. Payeng, learned counsel for respondent nos.1, 2, 3 and 4. Ms. U. Das, learned counsel appears for respondent no.6. None to represent respondent no.5 Petitioner assails ex parte order/opinion dated 17.12.2007 passed by the Foreigners' Tribunal No.2, Nagaon in F.T. Case No.274/2006, declaring him to be a foreigner, who illegally entered into India from Bangladesh on or after 25.03.1971 To test the arguments so advanced, we have perused the materials available on record. It is seen from the opinion/order dated 17.12.2007 that the petitioner after receiving notice never appeared before the Tribunal. In such a situation an adverse view was taken by the Tribunal and the impugned order/opinion was rendered.
Ms. G. Borah submits that the petitioner at the relevant time was suffering from schizophrenia. He is also an illiterate person and never understood the consequences of his non-appearance before the Tribunal. Consequently, the petitioner was arrested Page No.# 3/4 on 06.12.2016 and he is now lodged at the Tezpur Detention Camp. Ms. Borah submits that as the case records are missing from the Foreigners' Tribunal No.2, Nagaon, the wife of the petitioner obtained the order dated 17.12.2007 from the Office of the Superintendent of Police, Nagaon. It is further stated that the petitioner has a good case on merits and, given one more opportunity, he can successfully prove that he is not a foreigner.
In the above context and for the ends of justice we deem it proper to afford an opportunity to the petitioner to take steps towards discharging the burden, as required of him under Section 9 of the Foreigners Act, 1946.
We set aside the order dated 17.12.2007, with direction to the petitioner to appear before the Foreigners' Tribunal No.2, Nagaon on 22.05.2019 at 10.30 AM. As the petitioner is in custody w.e.f. 06.12.2016, in this situation we direct the Superintendent of Police (Border), Nagaon to make necessary arrangement to produce the petitioner before the Foreigners' Tribunal No.2, Nagaon on 22.05.2019. On such production, the petitioner may make application for bail along with documents in his support, which shall be considered by the Tribunal and necessary order be passed on terms and conditions that may be set down by the Tribunal. It is expected that the Tribunal will fix the next immediate date within a reasonable time, enabling the petitioner to file written statement and documents. In case no records of the F.T. Case are available, the Tribunal shall take steps to construct the case records on the basis of the document/records available in the Office of the Superintendent of Police (Border), Nagaon, pertaining to F.T. Case No.274/2006. We make it clear that, at any rate, the proceedings before the Tribunal shall be concluded within a period of 60 (sixty) days from 22.05.2019. We also make it clear that in the event bail is granted and thereafter petitioner defaults in appearing before the Tribunal on dates to be fixed in the case and also fails to take the required steps, 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.
Page No.# 4/4 To the extent above, the writ petition stands allowed.
JUDGE JUDGE Comparing Assistant