order

(oral)

25-04-2022 [N. Kotiswar Singh, J]

Heard Mr. J.M. Sulaiman, learned counsel for the petitioners. Also heard Mr. P.K. Medhi, learned CGC appearing for respondent no.1; Mr. G. Sarma, learned Special Counsel, F.T. appearing for respondent no.6; Mr. A. I. Ali, learned Standing Counsel, ECI, appearing for respondent no.4; Ms. L. Devi, learned Standing Counsel, NRC, appearing for respondent no.5 and Ms. U. Das, learned Government Advocate, Assam, appearing for respondent nos.2 & 3.

2. Considering the nature of the case and after hearing the submission made by learned counsel for the parties, we are of the view that the matter can be disposed of at this stage without issuing any formal notice to the respondents.

3. In this petition the petitioner has challenged the ex parte order dated 24.04.2014 passed by the Foreigners Tribunal (1st), Karimganj in F.T. Case No.842/2009 declaring the petitioner as a foreigner of post 1971 stream. The Foreigners Tribunal mentioned that the petitioner remained absent on various occasions, though notice was duly served on her and accordingly, the Tribunal proceeded ex parte against the petitioner vide impugned order dated 10.02.2021. The Tribunal on the basis of the materials available on record held that the petitioner is a foreigner of post 1971 stream.

4. Learned counsel for the petitioner submits that the petitioner duly received notice from the Tribunal and appeared before the Tribunal through her engaged counsel and filed her written statement on 29.10.2011 but thereafter, she did not appear before the Tribunal and accordingly, the Tribunal passed the impugned ex parte order dated 24.04.2014 declaring the petitioner as a foreigner. Subsequently, the petitioner filed a Misc. Case being Misc. Case No.31/2017 in F.T. Case No.842/2009 before the Tribunal wtih a prayer to set aside the aforesaid impugned ex parte order and grant her another opportunity to prove her citizenship. However, the Tribunal vide order dated 16.08.2019 rejected the application of the petitioner by observing that the Tribunal did not find any reasonable ground to condone the delay and to review of the order dated 24.04.2014 passed by the Foreigners Tribunal (1st), Karimganj in F.T. Case No.842/2009.

5. The petitioner being aggrieved by the said orders dated 24.04.2014 and 16.08.2019 has filed the present writ petition with a prayer to provide her another opportunity to prove her citizenship. The impugned order dated 24.04.2014 passed by the Foreigners Tribunal (1st), Karimganj in F.T. Case No.842/2009 indicates that the petitioner appeared before the Tribunal and also filed her written statement on 29.10.2011 but thereafter, she did not appear before the Tribunal on various dates fixed by the Tribunal, because of which the matter was proceeded ex parte and the impugned ex parte order dated 24.04.2014 was passed.

6. On being queried as to why the matter was proceeded ex parte, it has been submitted by the learned counsel for the petitioner that her engaged counsel Sri Bolai Chakraborthy, the respondent no.7 herein, did not proceed with the case properly and did not inform her about the dates fixed by the Tribunal for proceeding and also about passing of the ex parte order in time and whenever the petitioner used to communicate with her counsel, she was informed that he would take necessary steps in that regards.

7. From the impugned order dated 24.04.2014 it appears that the counsel of the petitioner did not appear before the Tribunal on the fixed dates resulting in passing of the ex parte order. It has been submitted that thereafter, the petitioner has also collected all the necessary documents like electoral rolls of the years 1966 and 1970 to prove her linkage with her father, namely, Upananda Das, who is an Indian citizen. Thereafter, the petitioner filed a Misc. Case being Misc. Case No.31/2017 before the Foreigners Tribunal-III, Karimganj to set aside the ex parte order dated 24.04.2014 with a prayer to provide her a