Md. Amzad Ali v. The Union of India and 8 Ors

PageoNo.#o1/4 GAHC010123302021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5099/2021o MD.oAMZADoALIo S/O.oSATTARoALI,oVILL.oTHURIBARIoRLY.oCOLONY,oP.S.oBASUGAON,oDIST.o CHIRANG,oASSAM. VERSUSo THEoUNIONoOFoINDIAoANDo8oORSo REP.oBYoTHEoSECRETARY,oMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,o SHASTRIoBHAWAN,oNEWoDELHI-110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGUWAHATI-781006. 3:THEoELECTIONoCOMMISSIONoOFoINDIA oREP.oBYoTHEoCHIEFoELECTIONoCOMMISSION oNIRVACHANoSADAN oASHOKAoROAD oNEWoDELHI-110001. 4:THEoSTATEoCOORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENS oASSAM o1SToFLOOR oACHYUToPLAZA oG.S.oROAD oBHANGAGARH oGUWAHATI oASSAM oPIN-781005. 5:THEoDEPUTYoCOMMISSIONER Page No.# 2/4 CHIRANG DIST. CHIRANG ASSAM PIN-783390. 6:THE FOREGNERS TRIBUNAL CHIRANG DIST. CHIRANG ASSAM PIN-783390. 7:THE SUPDT. OF POLICE (B) BONGAIGAON ASSAM PIN-783380. 8:THE SUPDT. OF POLICE (B) CHIRANG ASSAM PIN-783390. 9:THE OFFICER IN CHARGE OF BASUGAON P.S. DIST. CHIRANG ASSAM PIN-783390 Advocate for the Petitioner : MS. D GHOSH Advocate for the Respondent : ASSTT.S.G.I.

BEFORE HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA HON'BLE MR. JUSTICE ROBIN PHUKAN O R D E R

10.04.2023 (A.M. Bujor Barua, J)

Heard Ms. D Ghosh, learned counsel for the petitioner. Also heard Ms. L Devi, learned CGC appearing on behalf of respondents in the Union of India as well as for the authorities in the NRC, G Sharma, learned counsel for the State respondents in the Home Department of Government of Assam, Mr. AI Ali, learned counsel for the Election Commission of India and Ms. U Das, learned Page No.# 3/4 counsel for the Deputy Commissioner, Morigaon.

¶2The petitioner Md. Amzad Ali had been referred to the Foreigners Tribunal at Chirang for rendering an opinion as to whether he is a person who entered the State of Assam from the specified territory on or after 25.03.1971 resulting in registration of Case No. BNGN/FT(CHR) /3492/2008.

¶3The petitioner was served with the notice of the Tribunal and accordingly he appeared before the Tribunal, submitted his written statement, but thereafter remained absent and no evidence was rendered discharging the burden under section 9 of the Foreigners Act, 1946. In the circumstance, the ex-parte order dated 27.11.2017 was passed declaring the petitioner to be a foreigner who entered the State of Assam on or after 25.03.1971. Being aggrieved, this writ petition is instituted.

¶4No acceptable reason is forthcoming as to why the petitioner did not participate in the proceeding after filing of the written statement and from such point of view, we do not notice any infirmity in the order dated 27.11.2017. But, however, for the interest of justice, the petitioner is given another opportunity to appear before the Tribunal and render all evidence that may be required or as may be advised.

¶5Accordingly, the ex-parte order dated 27.11.2017 is set aside.

¶6It is stated that the petitioner is economically not sound and therefore, is required to be represented by a legal aid counsel. But the same cannot be a reason not to impose any cost on the unacceptable conduct of the petitioner before the Tribunal.

¶7Considering the financial status of the petitioner that he being represented by a legal aid counsel, a reduced cost of Rs. 1000/- is imposed on the petitioner Page No.# 4/4 to be paid to the District Legal Services Authority, Chirang and upon showing proof of the payment of cost, the petitioner shall appear before the Foreigners Tribunal at Chirang on 26.05.2023. Upon appearance of the petitioner, the Tribunal shall pass a reasoned order.

¶8As we have required the petitioner to re-appear before the Tribunal and render evidence, we further clarify that the criminal case against the petitioner in Sessions Case No. 11/2020 be also carried forward and brought to its logical end and the petitioner may appear before the criminal Court for further proceeding of the matter thereof and the criminal Court shall deal with the matter as per law.

¶9Let a copy of this order be also placed before the learned Sessions Judge, Chirang in respect of Sessions Case No. 11/2020 so as to issue fresh summons to the petitioner.

¶10The writ petition is allowed as indicated above. Send back the LCR immediately.

JUDGE JUDGE Comparing Assistant