Gauhati High Court
Seela Lauha @ Shila Rani Lauha@ Silarani ... vs The Union Of India And 6 Ors on 20 April, 2022
Bench: N. Kotiswar Singh, Nani Tagia
Page No.# 1/4
GAHC010068942022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2646/2022
SEELA LAUHA @ SHILA RANI LAUHA@ SILARANI LOUHA @ SILA LOUHA
D/O- LATE DHIRENDRA KRISHNA DUTTA @ DHIRENDRA KISHOR DUTTA,
W/O- KALI PRASANNA LAUHA @ KALICHARAN LAUHA, R/O- VILLAGE-
HAHARA PATHER, P.S. HALEM, DIST.- BISWANATH, ASSAM.
VERSUS
THE UNION OF INDIA AND 6 ORS
REP. BY THE SECY. TO THE GOVT. OF INDIA, THE MINISTRY OF HOME
AFFAIRS, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-1.
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY.- 781006.
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI- 110001.
4:THE STATE CORDINATOR NATIONAL REGISTRATION OF CITIZEN (NRC)
ASSAM
1ST FLOOR
ACHYUT PLAZA
G.S. ROAD
BHANGAGARH
KAMRUP(M) ASSAM. GUWAHATI- 781005.
5:THE DY. COMMISSIONER
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BISWANATH
DIST.- BISWANATH
ASSAM.
6:THE SUPERINTENDENT OF POLICE (BORDER)
BISWANATH
DIST. BISWANATH
ASSAM.
7:THE MEMBER
FOREIGNERS TRIBUNAL-4TH
TEZPUR
AT GOHPUR
DIST.- SONITPUR
ASSAM
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE NANI TAGIA
ORDER
20.04.2022 [N. Kotiswar Singh, J.] Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned CGC, appearing for respondent No.1; Ms. A. Verma, learned special counsel, FT, appearing for respondent Nos.2, 6 and 7; Mr. A.I. Ali, learned standing counsel, ECI, appearing for respondent No.3; Ms. L. Devi, learned standing counsel, NRC, appearing for respondent No.4 and Ms. K. Phukan, learned Junior Government Advocate, Assam, appearing for respondent No.5.
2. Considering the nature of the case and also after hearing the learned counsel Page No.# 3/4 appearing for the parties, we are inclined to allow this petition at this stage without issuing any formal notice.
3. In this petition, the petitioner has challenged the opinion dated 23.12.2021 passed in F.T.(T-4)/GPR Case No.1078/2016 by the learned Foreigners' Tribunal-4 th, Tezpur at Gohpur, by which the matter was proceeded ex-parte against the petitioner.
4. The petitioner submits that it is not a case of deliberate avoidance of the proceeding of the Court. In fact, after receipt of the notice from the Tribunal the petitioner appeared before the Tribunal and filed her written statement as well as documents in support of her claim that she is an Indian and also deposed herself and was to be cross-examined. Unfortunately, when the matter was fixed on 25.02.2021, the petitioner's lawyer could not be present. As a result, the petitioner was not represented by her lawyer and was not cross-examined. The petitioner later on came to know that her engaged lawyer was in the family way, but unfortunately, her engaged lawyer also did not inform the petitioner to make alternative arrangement. Under the circumstances, the matter was proceeded as ex-parte.
5. Considering the aforesaid peculiar facts as obtaining and since the petitioner was already contesting the proceeding by submitting the evidence-in-chief but not yet cross- examined on account of the absence of her engaged lawyer, we deem it appropriate that the matter be reconsidered again by the learned Tribunal by cross-examining the petitioner and allowing her to adduce other evidences in accordance with law.
6. Accordingly, the present petition is allowed by setting aside the impugned opinion dated 23.12.2021 passed in F.T.(T-4)/GPR Case No.1078/2016 by the learned Foreigners' Tribunal-4th, Tezpur at Gohpur. The petitioner will accordingly, appear before the learned Page No.# 4/4 Foreigners' Tribunal on 28.05.2022 and the Tribunal will proceed with the matter from the stage it was decided ex-parte in accordance with law. In the meantime, the petitioner will also appear before the Superintendent of Police (Border), Biswanath. However, the petitioner will be allowed to remain on bail on furnishing a bail bond of ` 5,000/- (Rupees five thousand) with one local surety of the like amount to the satisfaction of the Superintendent of Police (Border), Biswanath, till completion of the proceeding before the learned Tribunal.
Sd/- Nani Tagia Sd/- N. Kotiswar Singh
JUDGE JUDGE
Comparing Assistant