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2008 Supreme(Gau) 528

BIPLAB KUMAR SHARMA
Sarabari Begum (Mustt. ) @ Syera Begum – Appellant
Versus
State of Assam – Respondent


JUDGMENT

B.K. Sharma, J.

1. This batch of writ petitions involves 61 petitioners, who have been declared as foreigners by the respective Foreigners Tribunals. They have invoked the writ jurisdiction of this Court assailing the legality and validity of such declarations. Since the issue involved is the same, which is - whether the petitioners are illegal migrants to Assam after the cutoff date i.e. 25.3.1971, all the writ petitions are being disposed of by this common judgment and order, dealing with each and every case independently.

2. One interesting feature of all the cases, except three, is that the impugned judgments and orders passed by the Foreigners Tribunals are all Ex-parte. The petitioners, except in three cases, did not respond to the proceedings before the Tribunals, which the learned State counsel describes as a methodical ploy to prolong the proceedings on untenable grounds.

3. Barring three, in all the cases, the common ground(s) is/are that the Ex-parte proceedings and judgments are because of non-receipt of notice, and/or although the engaged advocate (s) was/were entrusted with the required instructions/documents, they did not take proper steps towards defending the
















































































































































































































































































































































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