Supreme Court - Daily Orders
Mahadev Das vs Union Of India on 30 November, 2018
Bench: L. Nageswara Rao, K.M. Joseph
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.11716 OF 2018
(Arising out of S.L.P.(Civil)No.10370 of 2017)
MAHADEV DAS ...Appellant
Vs.
UNION OF INDIA AND ORS. ...Respondents
O R D E R
Heard.
Leave granted.
By an ex-parte order dated 20th March, 2015 passed by the Foreigners’ Tribunal, Hojai, the Appellant was declared to be a foreigner for having entered into India illegally after 25th March, 1971. The Appellant filed an application before the Tribunal on 1st September, 2015 seeking recalling of the ex-parte order. On 14th December, 2015, the Foreigners’ Tribunal, Lanka rejected the said application on the ground that the Appellant has already been taken into custody and the relief sought by him has become infructuous.
Being aggrieved, The Appellant filed a Writ Petition in the High Court of Guwahati challenging the said orders passed by the Foreigners’ Tribunal. The High Court dismissed the Writ Petition by holding that no sufficient Signature Not Verified Digitally signed by ANITA MALHOTRA cause was shown by the Appellant for not having appeared Date: 2018.12.04 17:37:45 IST Reason: before the Tribunal.
In the facts and circumstances of this case, we are of the considered opinion that the Appellant deserves a hearing on the merits of the matter which has not been done even by the Tribunal or the High Court.
Therefore, we set aside the orders passed by the Foreigners’ Tribunal and the High Court and remand the matter back to the Foreigners’ Tribunal for adjudication of the matter on merits. Accordingly, the Appeal is allowed.
Learned counsel for the appellant submits that the Appellant has been in the Detention Camp for about three years. Appellant is at liberty to make an application before the Foreigners’ Tribunal for his release from the Detention Camp.
......................J. [L.NAGESWAR RAO] ......................J. [K.M.JOSEPH] New Delhi;
November 30, 2018.
ITEM NO.54 IN COURT NO.8 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 10370/2017
(Arising out of impugned final judgment and order dated 29-01-2016 in WP No. 254/2016 passed by the Gauhati High Court) MAHADEV DAS Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) Date : 30-11-2018 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Kumar Parimal,Adv.
Mr. Aniruddha P. Mayee, AOR For Respondent(s) Ms. V.Mohana,Sr.Adv.
Ms. Madhavi Divan,Adv.
Ms. Shraddha Deshmukh,Adv. For Mr. B. V. Balaram Das, AOR Mr. Shuvodeep Roy, AOR Mr. Somnath Banerjee,Adv. Mr. Naman Kamboj,Adv.
UPON hearing the counsel the Court made the following O R D E R Heard.
Leave granted.
The appeal is allowed in terms of the signed order. Pending application, if any, shall also stand disposed of.
(ANITA MALHOTRA) (CHANDER BALA)
COURT MASTER COURT MASTER
(Signed order is placed on the file.)