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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, SUSMITA PHUKAN KHAUND
Lal Bhanu Nessa Daughter Of Lt. Afaj Uddin – Appellant
Versus
Union Of India, Represented By The Secretary, Ministry Of Home Affairs – Respondent
| Table of Content |
|---|
| 1. challenge of ex-parte opinion on citizenship. (Para 2) |
| 2. arguments on notice service and citizenship evidence. (Para 3 , 4 , 5 , 6) |
| 3. analysis of service of notice procedure. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 4. conclusion allowing writ petition and remanding case. (Para 14 , 15 , 16) |
JUDGEMENT
S.K. Medhi, J.
1. Heard Shri G. Jalan, learned counsel for the petitioner. Also heard Shri A.K. Dutta, learned CGC; Shri J. Payeng, learned Standing Counsel, Home Department and NRC; Shri A.I. Ali, learned Standing Counsel, Election Commission of India and Shri P. Sarmah, learned Additional Senior Government Advocate for the State respondent.
2. By means of this petition instituted under Article 226 of the Constitution of India, the petitioner has put to challenge an opinion dated 06.07.2017 passed TH by the Foreigner’s Tribunal No. 8 , Barpeta, Assam, in F.T. Case No. 46/2016 arising out of IM(D)T Reference Case No. 5093(A)/98. By the impugned opinion, the petitioner has been declared a foreigner post 1971.
3. Shri Jalan, the learned counsel for the petitioner has submitted that the principal ground of challenge is that the opinion in question has been passed without givin
The court reaffirmed the necessity of adhering to prescribed legal procedures for notice service, emphasizing the right to contest findings affecting citizenship.
Proper procedure for notice service must be strictly followed; deviations are not permissible as established by the Foreigners (Tribunals) Order, 1964.
Failure to properly serve notice under the Foreigners (Tribunals) Order, 1964 renders Tribunal opinions invalid, requiring adherence to legal service protocols.
The court ruled the necessity of proper notice in Foreigners' Tribunal proceedings to secure fair representation, deeming the order ex parte due to inadequate service.
The main legal point established in the judgment is that the service of notice must be proper, and the rejection of a prayer for vacating an ex parte order should not be merely on technical grounds.
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