Citizenship should be decided on merit rather than by default due to absence or lack of legal advice.

ORDER :

N. KOTISWAR SINGH, J.

1. Heard Mr. B.P. Sinha, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned ASGI, for respondent No. 1; Ms. A. Verma, learned Special Counsel, FT, appearing for respondent Nos. 3, 5, 6 and 7; Mr. A. Bhuyan, learned standing counsel, ECI, appearing for respondent No. 2 and Ms. L. Devi, learned standing counsel, NRC, appearing for respondent No. 4.

2. Considering the nature of the case and also after hearing the submission of the learned counsel for the parties, we are of the view that the matter may be remanded to the learned Foreigners’ Tribunal 6th, Silchar, Assam, for reconsideration.

3. The petitioner was proceeded against before the Foreigners’ Tribunal 6th, Silchar, Assam, in F.T. 6th Case No. 404/2015 on the reference being made. After being duly served the notice, the petitioner appeared before the Foreigners’ Tribunal. According to the petitioner, she filed her written statement along with certain documents. However, unfortunately the petitioner did not get proper legal advice from her engaged counsel, who not only failed to give proper legal advice but also failed to appear before the Foreigners’ Tribunal. The petitioner, also not being well versed with the legal provisions and also because of the communication gap between the petitioner and her engaged counsel, remained absent before the learned Tribunal on several occasions resulting in the Tribunal passing the ex parte order declaring her to be a foreigner, as mentioned in paragraph 14 of the writ petition. It has been submitted that there was no willful negligence or disregard on the part of the petitioner about the proceeding as the petitioner duly appeared and filed her written statement. Accordingly, the petitioner has pleaded before this court that the petitioner may be permitted to approach the Tribunal again to prove her case as an Indian citizen.

4. Ms. A. Verma, learned counsel for the State, considering the circumstances has also not raised any serious objection to the same.

5. We are of the view that citizenship being a very important right of a person should ordinarily be decided on merit rather than by way of default as has happened in the present case and as such, under the circumstances as discussed above, we allow the petitioner to appear before the learned Tribunal again to prove her case that she is a citizen of this country and not a foreigner.

6. Consequently, the impugned order dated 19.9.2017 passed by the learned Member, Foreigners’ Tribunal 6th, Silchar, Assam in F.T. 6th Case No. 404/2015 is set aside. The petitioner will appear before the Foreigners’ Tribunal within a period of 1 month from today.

7. With this order, the petition stands disposed of.

8. Send back the LCR forthwith.