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2015 Supreme(Gau) 1292

B.K.SHARMA
Abdul Matin – Appellant
Versus
Union of India and Ors. – Respondent


Advocates:
For the Petitioner: Mr. S.C. Biswas.
For the Respondents: Mr. S.C. Keyal and Ms. M. Goswami.

1. This writ petition is directed against the judgment dated 14.6.2013 of the Foreigners Tribunal, Diphu passed in FT Case No. 107/2007 (C) (Police Case No. 529/2000) v. Md. Abdul Motin, S/o Late Sajit Ali. By the said order, the petitioner has been declared to be a foreigner and the order so passed is ex parte one. The Tribunal had to pass the order ex parte because of non-appearance of the petitioner, in spite of given of notice.

2. I have heard Mr. S.C. Biswas, learned counsel for the petitioners. Also heard Ms. M. Goswami, learned State Counsel and so also Mr. S.C. Keyal, learned ASGI. I have also perused the entire materials on record including the records received from the Tribunal.

3. On perusal of the records received from the Tribunal, it appears that in response to the notice, the petitioner had appeared before the Tribunal and filed Written statement and also photocopies of some documents claiming that he is not a foreigner, but an Indian citizen. However, he did not prove the documents and/or the contents of the written statement as envisaged under section 9 of the Foreigners Act, 1946.

4. In the writ petition, the petitioner has contended that the Tribunal passed the impu











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