Gauhati High Court
Arabinda Debnath vs The Union Of India And 5 Ors on 4 December, 2019
Author: Suman Shyam
Bench: Suman Shyam, Parthivjyoti Saikia
Page No.# 1/3
GAHC010207392019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 6348/2019
1:ARABINDA DEBNATH
S/O- LATE MAHANANDA DEBNATH, R/O- VILL- SOUTH TOKRERCHARA,
P.O- GOLOKGANJ, P.S- GOLOKGANJ, DIST- DHUBRI, ASSAM
VERSUS
1:THE UNION OF INDIA AND 5 ORS
REP. BY SECRETARY MIN OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI-
110001
2:THE STATE OF ASSAM
REP. BY THE PRINCIPAL SECRETARY TO GOVT OF ASSAM
HOME AND POLITICAL DEPTT
DISPUR
GHY- 781006
3:THE SUPERINTENDENT OF POLICE (B)
DHUBRI
ASSAM
4:THE DEPUTY COMMISSIONER
DIST- DHUBRI
ASSAM
5:THE STATE COORDINATOR
NRC
ASSAM
1ST FLOOR
ACHYUT PLAZA
G S ROAD
BHANGAGARH
Page No.# 2/3
GHY- 781005
6:THE ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELH
Advocate for the Petitioner : MR D SAIKIA
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 04-12-2019 (Suman Shyam, J) Heard Mr. M. Chetia, learned counsel appearing for the petitioner. Also heard Mr. A. Kalita, learned Standing Counsel, Foreigners' Tribunal; Ms. A. Verma, learned Standing counsel, NRC; Ms. B. Das, learned Standing counsel, ECI and Ms. G. Hazarika, learned CGC appearing for the respondent No. 1.
This writ petition is directed against the ex-parte order dated 18.05.2017 passed by the learned Member, Foreigners' Tribunal, No. 8, Dhubri, Assam in F.T. Case No. 8/19/GKJ/2017, whereby, the petitioner was declared as a foreigner entering Assam after 25.03.1971.
The impugned order reveals that the petitioner was absent on as many as 6(six) consecutive occasions without any proper explanation as a result of which, the impugned order had to be passed ex- parte.
However, we also find from the record that the proceeding was initially registered under the now repealed IMDT Act in the year 2004 and thereafter, was transferred to different Tribunals on numerous occasions. Therefore, in order to verify whether the absence of the petitioner has got any connection with the transfer of the proceeding from one Tribunal to another, we deem it appropriate to Page No.# 3/3 call for the records before passing a final order in this case.
Registry to therefore, requisition the LCR.
Let this case be listed after receipt of the LCR.
Heard on the prayer of interim relief.
Considering the facts and circumstances of the case, we direct the petitioner to appear before the Superintendent of Police(Border), Dhubri, Assam within 10(ten) days from today and produce a copy of this order. On such appearance, the petitioner shall be released on furnishing a bond of Rs. 5,000/- with one surety of like amount to the satisfaction of the concerned SP.
For future reference, the S.P. (Border), Dhubri, Assam may also capture the finger prints and eye matrix of the iris of the petitioner's eye balls, if so advised.
JUDGE JUDGE Comparing Assistant