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2015 Supreme(Gau) 572

B.K.SHARMA
Mohiton Bewa – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the petitioners: Mr. H.A. Sarkar. Adv.
For the Respondents: Ms. G. Sarma, Adv. for Mr. S.C. Keyal, ASGI, Mr. B.J. Ghosh, GA, Assam.

JUDGEMENT :

1. By means of this writ petition, the petitioner has assailed the order dated 04/07/2013 of the learned Member, Foreigners Tribunal, Goalpara in FT Case No. 3555/G/131 (Reference ERO’s Case No. 56-28/36) (Union of India Vs. Mohiton Bewa). By the said order, the petitioner has been declared to be an illegal Bangladeshi migrant having entered into Indian territory after the cut-off date i.e. 25/03/1971. The order so passed is exparte.

2. Mr. H.A. Sarkar, learned counsel for the petitioner, submits that having regard to the special circumstances involved in this case, the petitioner is entitled to another chance to defend her case before the Tribunal and accordingly the impugned order is required to be set aside. On the other hand, both Mr. B.J. Ghosh, learned State Counsel and Ms. G. Sarma, learned counsel holding for Mr. S.C. Keyal, learned ASGI, submit that the petitioner is not entitled to get another opportunity, inasmuch as, she was provided with adequate opportunity granting several adjournments but she did not avail the same.

3. The Full Bench of this Court in State of Assam Vs. Moslem Mondal and others reported in 2013 (1) GLT 809 while holding that although there









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