A case may be remanded to the Foreigners Tribunal for fresh adjudication if an ex-parte opinion is challenged on the grounds of improper service of notice, ensuring the petitioner's right to a fair hearing in the interest of justice.

ORDER

Heard Shri N. Hoque, learned counsel for the petitioner. Also heard Ms. A. Verma, learned Standing Counsel, Home Deptt., Shri G. Sarma, learned Standing Counsel, NRC, Shri N. Kalita, learned Standing Counsel, ECI, Shri P. Sharma, learned State Counsel and Shri S.S. Roy, learned CGC.

2. The instant application has been filed under Article 226 of the Constitution of India challenging an opinion dated 27.11.2018 passed by the Foreigners Tribunal, Jorhat in Case No. JFT 121/2009 whereby the petitioner has been declared as a foreigner post-1971.

3. The primary ground of challenge is that the opinion is an ex-parte one which has been rendered without giving a proper opportunity to the petitioner to defend himself.

4. Shri Hoque, the learned counsel for the petitioner has submitted that at no point of time the notice was served upon him. He has also submitted that the records would reveal that there is a report of the Jarikarak, who had observed that the petitioner had left the place many years back in search of work and therefore, the notice was affixed on the wall of the Municipal Office. He has submitted that such service cannot be deemed to be a proper service under the law holding the field.

5. Ms. Verma, the learned Standing Counsel has submitted that without even going to the legality or otherwise on the aspect of how a notice is to be served, the petitioner was under of duty to inform the fact to the jurisdictional police station regarding his change of address which was not done.

6. Without going to the aforesaid aspect regarding the duty cast upon a proceedee to inform any shift of address, we are of the view that interest of justice would be served if the matter is remanded to the concerned Tribunal for adjudication of the matter in accordance with law. We also make it clear that the aspect of service of notice cannot be taken up any further since this order is passed in presence of the learned counsel of the petitioner.

7. The matter is accordingly remanded to the Tribunal directing the petitioner to appear on or before 25.05.2026 along with the written statement and the evidence of all the witnesses which the petitioner would like to produce. On such presentation, the learned Tribunal would take charge and would complete the adjudication expeditiously and in accordance with law by following Order 3(14) of the Foreigners (Tribunals) Order, 1964.

8. The interim order passed by this Court on 04.12.2019 would be operative till the adjudication of the Reference by the concerned Tribunal.

9. Records be sent back forthwith to the concerned Tribunal.

10. We also make it clear that since the opinion is in respect of many cases, the present order is confined only in the case of the Reference against the petitioner.