IMPORTANT POINT
The court established that the High Court has the discretion to allow belated registration for individuals declared foreigners when procedural clarity is lacking.

JUDGMENT :

(MRIDUL KUMAR KALITA, J)

1. Heard Mr. N. Sarkar, learned counsel for the petitioner. Also heard Mr. H. Kuli, learned Standing Counsel, Election Commission of India for respondent No.2. Also heard Ms. A. Verma, learned Standing Counsel, Home Department, Assam for respondent Nos. 3, 7 and 8 as well as Mr. P. Sharma, learned Additional Senior Government Advocate, Assam, appearing for respondent No. 5.

2. This writ petition has been filed by the petitioner, namely, Sri Satish Mondal @ Satish Chandra Mondal, impugning the ex parte Opinion/Order dated 09.05.1988 passed by learned Foreigners Tribunal, Lakhimpur, North Lakhimpur in FT Case No. 859/1987, whereby the petitioner was declared to be a Foreigner, who entered into India (Assam) after 01.01.1966 but before 25.03.1971 and has been ordinarily residing in Assam since then.

3. The facts relevant for consideration of the present writ petition, in brief, are that suspecting the petitioner to be a foreigner, an inquiry was conducted by the In-Charge of Barchola Police Watch Post. After completion of the inquiry, the inquiry report was submitted before the Superintendent of Police, Lakhimpur, stating that the petitioner is suspected to have entered into India in between 1966 and 24.03.1971. On the basis of the inquiry report, a reference was made by the Superintendent of Police, Lakhimpur before the Foreigners Tribunal, Lakhimpur to ascertain the citizenship status of the petitioner.

4. On receipt of the reference, same was registered as Case No. 859/87 by the learned Foreigners Tribunal No.1, Lakhimpur, North Lakhimpur and notice was issued to the petitioner fixing 21.12.1987 for his appearance and filing his written statement.

5. The petitioner appeared before the learned Foreigners Tribunal No.1, Lakhimpur, North Lakhimpur on 21.12.1987 and prayed for time for filing written statement which was allowed by fixing the next date as 24.01.1988.

6. Thereafter, on four consecutive dates, the petitioner remained absent without steps before the learned Tribunal. On 30.03.1988, when the case was again fixed for submission of written statement, the petitioner was absent without steps and the learned Foreigners Tribunal directed the case to proceed ex parte against the petitioner, fixing the matter on 09.05.1988 for passing ex parte order. Accordingly, on 09.05.1988, by the impugned order, the petitioner was declared to be a foreigner, who came to Assam after 01.01.1966 but before 25.03.1971 who has been ordinarily resident in Assam ever since.

7. Learned counsel for the petitioner has submitted that the petitioner is the son of Late Kalicharan Mandal, who was the citizen of India and who had landed property in Boloma village under Laluk Police Station, where the petitioner has been residing by constructing his own residential house.

8. Learned counsel for the petitioner has submitted that on 24.01.1988, the petitioner went to the learned Foreigners' Tribunal, Lakhimpur, but on that day, the Bench Assistant of the said Foreigners' Tribunal sent him back telling him that the records of the case was not traceable. The learned counsel for the petitioner also submits that though order was passed in the said case on 24.01.1998 later on in the said case, however, his presence was not shown. Thereafter on subsequent dates, the petitioner could not appear before the learned Foreigners' Tribunal, Lakhimpur, as he was suffering from illness.

9. Learned counsel for the petitioner has also submitted that thereafter the petitioner came to know about the ex parte order passed against him only when the police of Laluk Police Station came to his residence and informed his family members about the decision of the Foreigners' Tribunal.

10. It is also submitted by learned counsel for the petitioner that thereafter on advice of his counsel, the petitioner approached the District Foreigners Registration Authority at Tezpur for registration of his name as foreigner. However, the Registering Officer refused to reg