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2024 Supreme(Gau) 345

M. R. PATHAK, SANJAY KUMAR MEDHI
Baharul Islam S/o Late Hatem Ali – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M.U. Mahmud.
For the Respondents: A. Verma, P. Sarma, H. Kuli, A.I. Ali.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. The extra-ordinary jurisdiction of this Court has been sought to be invoked by filing this application under Article 226 of the Constitution of India by putting to challenge the opinion rendered vide impugned order dated 22.11.2023 passed by the learned Foreigners Tribunal, Baksa in F.T. Case No. 21/BAKSA/2023 [Ref-I.M.(D).T. Case No. 111/99]. By the impugned judgment, the petitioner who was the proceedee before the learned Tribunal, has been declared to be a foreigner post 25.03.1971. As per the projection made in the petition, the aforesaid order is an ex-parte one.

2. The facts of the case may be put in a nutshell as follows:

    (i) The reference was made by the Superintendent of Police (B), Baksa, Mushalpur District, against the petitioner giving rise to the aforesaid F.T. Case No. 21/BAKSA/2023.

(ii) As per requirement u/s 9 of the Foreigner’s Act, 1946 to prove that the proceedee is not a foreigner, the petitioner was duty bound to file written statement to prove his citizenship. Though at least 7 dates were fixed for filing of written statement and evidence on affidavit, the petitioner had utterly failed to do the same.

(iii) The learned Tribunal,

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