Discrepancies in record-keeping by a tribunal can vitiate the judicial process, necessitating remand for proper adjudication.

JUDGMENT :

K.R. Surana, J.

Heard Mr. B.C. Das, learned counsel for the petitioner. Also heard Ms. R. Devi, learned CGC for respondent no.1; Mr. M. Islam, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for respondent no.2; Ms. A. Verma, learned standing counsel for respondent nos. 3 to 5; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate for respondent no.6.

2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned opinion dated 15.10.2022, passed by the learned Member, Foreigners Tribunal 1st, Nagaon, in F.T. Case No. 2541/2011, arising out of S.P(B) Ref. Case No. 130/98 (D), thereby answering the reference against the petitioner, holding him to be a foreigner of post 25.03.1971, who has entered into India (Assam) from the specified territory of Bangladesh.

3) The petitioner, on receipt of the notice, initially failed to appear and take steps in the case and accordingly, an ex parte opinion dated 12.06.2015 was passed against the petitioner. The said ex parte opinion was set aside by this Court by order dated 29.05.2018, passed in W.P.(C) 3356/2018.

4) Accordingly, the petitioner had entered appearance in the case and submitted his written statement of defence as well as additional written statement. In support of his defence, the petitioner had examined himself as DW-1 and he had also six other witnesses, viz., (i) his son, namely, Sri Sankar Saha (DW-2); (ii) his second wife, Smt. Sandhya Rani Saha (DW-3); (iii) first wife Smt. Bakul Rani Saha (DW-4); (iv) Sri Lila Kanta Majumdar (DW-5);(v) Sri Trailakya Bordoloi, Senior Branch Manager, UCO Bank (DW-6); (vi) Dr. Paban Chandra Patar, SDM&HO, BPHC, Jhargaon, Morigaon (DW-7); and (vii) Sri Alokesh Das, holding Charge of D.D.C.S. in the Nagaon District Food and Civil Supplies Department.

5) The petitioner had examined himself as DW-1. By filing his evidence-on-affidavit, he had exhibited the following documents, viz., (i) certified copy of electoral roll of 1966 of 86 No. Bokani (SC) LAC (Ext.1); (ii) certified copy of electoral roll of 1970 of Lumding LAC (Ext.2); (iii) photocopy of electoral roll 2005 (Ext.3 struck-out); (iv)certificate dated 27.07.2015, issued by Circle Officer, Lanka Revenue Circle (Ext.4); (v) birth certificate of Sankar Saha (Ext.5); (vi) birth certificate of Abhijit Saha (Ext.6); (vii) PAN Card of Sandhya Rani Saha (Ext.7); (viii) elector photo identity card of Smt. Bakuli Saha (Ext.8); (ix) certificate issued by Gaonburah of Jhargaon, Kisham, Manaha Mouza (Ext.9); (x) certificate issued by Gaonburah of Chotahaibor Kissamat (Ext.10); (xi) passbook of UCO Bank, Nagaon Branch in the joint name of the petitioner and Mrs. Sandhya Rani Saha (Ext.11); (xii) family ration card issued in the name of Sandhya Rani Saha (proved in original) (Ext.12); (xiii) his elector voter identity card (Ext.13); photocopy of electoral roll of 79 Jagiroad (SC) LAC for the year 2018 (Ext.14). Out of the said fourteen exhibits, the learned Member has not counter-signed Ext.3 and Ext.14. the DW-1 was cross-examined and discharged on 11.01.2019, but no reason is assigned why the said exhibits are not signed. Moreover, it may be mentioned that in the evidence-on-affidavit, the certified copy of electoral roll of 1970 is referred as Ext.2, however, the exhibited document is the certified copy of electoral roll of 1971.

6) Moreover, by filing his additional evidence-on-affidavit on 25.02.2020, the petitioner, as DW-1, has exhibited