The court emphasized the importance of procedural fairness, voiding tribunal decisions due to gross irregularities including back-dated orders and improper evidence handling.

JUDGMENT AND ORDER :

(K.R. Surana, J.)

Heard Mr. A.R. Sikdar, learned counsel for the petitioner. Also heard Mr. J. Sarma, learned CGC; Mr. J. Payeng, learned standing counsel for the FT, Border maters and NRC; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate.

2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner, namely, Lalbhanu @ Lalbhanu Begum, has assailed the impugned opinion dated 16.06.2016, passed by the learned Member, Foreigners Tribunal No. 4, Kamrup (Rural), Hajo, in H.F.T. Case No. 353/2015 (New) [arising out of IM(D)T Enquiry No. 1855/2003], thereby answering the reference in favour of the State and against the petitioner by declaring her to be a foreigner.

3) From the nature of order that is proposed to be passed, there appears to be no need to refer to the submissions made by the learned counsel for the petitioner and the learned standing counsel for the FT, Border maters and NRC.

4) It would suffice to mention that upon receipt of notice of the proceeding, the petitioner had appeared before the learned Tribunal and she had submitted her written statement of defence on 08.02.2016. Along with her written statement, the petitioner had enclosed the following documents, viz., Gaonburah’s certificate; certified copy of voter list of 1985, 1966 and 1970; her EPIC and an affidavit.

5) In support of her defence, the petitioner had examined herself as DW-1, wherein the contentions in her written statement were reiterated. Along with her evidence-on-affidavit filed on 08.02.2016, the petitioner had exhibited the following documents, viz., Gaonburah’s certificate (Ext.A); certified copy of voter list of 1985 (Ext.B), EPIC (Ext.C); certified copy of voter list of 1966 (Ext.D); certified copy of voter list of 1970 (Ext.E); an affidavit (Ext.F), declaring that her name is Lalbhanu, but in the notice of FT Case No. 353/15, her name is wrongly entered as Lalbanu Begum. The evidence-on-affidavit by DW-1 was filed on 08.02.2016 and she was cross-examined on 27.04.2016. The Tribunal’s record reveals that the said DW-1 has been re-examined on 26.05.2016.

6) The petitioner had also examined Sri Utpal Ramsiary as DW-2, who has stated in his evidence-on-affidavit filed on 04.04.2016, that he is the Gaonburah of village- Halangbari, Kathalmurighat and Sutpara. The records reveal that the cross-examination of DW-2 was recorded on 27.04.2016.The petitioner had also examined one Jamal Khan as DW-3, son of Late Belu Khan, resident of village- Khopanikuchi, whose evidence-on-affidavit has been filed before the learned Tribunal on 04.04.2016. The cross-examination of DW-3 has been recorded on 27.04.2016.

7) The records of the Tribunal disclose that in this case, the said learned Tribunal had taken up the proceeding in a most casual manner. This can be gathered from the orders passed on and after 08.02.2016, and analysis of the said orders. The said orders from 08.02.2016 to 16.06.2016 are quoted below:

“08.02.2016: Proceedee is present and submits her written statement and evidence in chief before this Tribunal on today.

Fixing – further evidence-in-chief/ cross on 8/3/2016.

08.03.2016: Proceedee is present on to day.

Fixing cross/app on 30/3/2016.

30.03.2016: Proceedee is absent without steps.

Fixing- 4/4/2016 for cross/app.

04.04.2016: Proceedee is present and submits evidence in chief of DW-2 (Sri Utpal Ramsiari) and DW-3 (Jamal Khan) are submitted before this Tribunal on today.

Fixing –cross/app on 27/4/2016.

27.04.2016: Proceedee is present and evidence-in-chief of Sri Utpal Ramchiari (gaonburha) is recorded as DW-2 by the Tribunal on to day.

Fixing further evidence in chief/ cross on 24.05.2016.

24.05.2016: Proceedee is absent with steps. Seen petition no. 759/2016 dated 24.05.2016 that the proceedee could not appear in the Court today and prays another date for argument.

Prayer is allowed.

Fixing 16.05.2016 for argument/ app.

26.05.2016: Proceedee is present on today. Argument on behalf of this proceedee is