Sahidul Islam @ Md. Sahidur Seikh v. The Union of India and 8 Ors

JUDGMENT

13.02.2023 Heard Ms. D. Ghosh, learned counsel for the petitioner; Ms. L. Devi, learned Standing Counsel for the respondent nos. 1 and 4; Ms. A. Verma, learned Standing Counsel for the respondent nos. 2, 8 and 9; Mr. A. Hoque, learned Standing Counsel for the respondent no. 3; and Ms. U. Das, learned counsel for the respondent nos. 5 and 6.

¶2The petitioner was referred to the Foreigners Tribunal, Jorhat for an opinion as to whether he is a person who entered the state of Assam from the specified territory subsequent to 25.03.1971. The order dated 02.07.2018 as per the order sheet reveals as extracted: "The O.P. of the case is absent today without any step. It appears from the report of the P/S that having failed to 'trace out the present residential address/where about of the said O.P. the notice therefore being displayed by pasting the same in a conspicuous place. Hence, the notice is duly served as per 3[5][f] of the F[T] order, 1964. However, inspite of the completion of the service of notice, the said O.P. is absent today without any step. For the ends of justice, the case is fixed again on 13.07.2018 for app. & W.S."

¶3Due to non appearance of the petitioner an ex-parte opinion dated 30.10.2018 in FT Case no. 34/2011 was passed. Being aggrieved this writ petition is instituted. The petitioner takes a stand that he did not receive any notice from the tribunal requiring his appearance. The order dated 02.07.2018 makes it discernible that having failed to trace out the petitioner, the notice was displayed by pasting the same in a conspicuous place, without stating as to what was the conspicuous place. The said procedure that was adopted appears to be in deviation of the required procedure of the law, in as much as, the requirement of law is that Page No.# 4/4 the notice is to be pasted at the last known residential address of the proceedee in case he is untraceable, and it cannot at any convenient place as per the discretion of the tribunal and call it to be a conspicuous place.

¶4Considering the matter in its entirety and for the interest of the justice, the ex-parte opinion dated 30.10.2018 in FT Case no. 34/2011 is set aside.

¶5The petitioner to appear before the Foreigners Tribunal, Jorhat on 29.03.2023 and upon his appearance that the tribunal may render its opinion as per law, as may be advised.

¶6Writ petition stands allowed as indicated above.

¶7Send back the LCR. JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010134362022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.oooWP(C)/2347/2021 SAHIDULoISLAMo@oMD.oSAHIDURoSEIKH S/O-oBOHIYEToSHEIKH oR/O-oVILL-oDAYARCHAR oP.O-oFEKAMARI oP.S.oSOUTHoSALMARA oDIST.-oSOUTHoSALMARAoMANKACHAR oASSAM oPIN-783135 oVERSUS THEoUNIONoOFoINDIAoANDo8oORS REP.oBYoTHEoSECY. oMINISTRYoOFoHOMEoAFFAIRS oGOVT.oOFoINDIA oSHASTRIoBHAWAN oNEWoDELHI-o110001 2:THEoSTATEoOFoASSAM REP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-06 o3:THEoELECTIONoCOMMISSIONoOFoINDIA REP.oBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-o110001 o4:THEoSTATEoCOORDINATOR NATIONALoREGISTRATIONoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA Page No.# 2/4 G.S.ROAD BHANGAGARH GHY ASSAM PIN- 781005 5:THE DY. COMMISSIONER JORHAT P.O. JORHAT P.S. JORHAT DIST.- JORHAT ASSAM PIN- 785001 6:THE DY. COMMISSIONER SOUTH SALMARA MANKACHAR P.O. FEKAMARI DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135 7:THE FOREIGNERS TRIBUNAL JORHAT ASSAM DISTRICT- JORHAT ASSAM PIN- 785001 8:THE SUPERINTENDENT OF POLICE (B) JORHAT ASSAM P.O JORHAT P.S.- JORHAT DISTRICT- JORHAT ASSAM PIN- 785001 9:THE OFFICER-IN-CHARGE OF JORHAT P.S. P.O JORHAT P.S.- JORHAT DISTRICT- JORHAT ASSAM PIN- 785001 ------------ Advocate for : MR. M AHMED Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 8 ORS Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HONOURABLE MR. JUSTICE ROBIN PHUKAN