JUDGEMENT :

Pranjal Das, J.

Heard Ms. S. Paul, learned counsel for the petitioner. Also heard Mr. J. Payeng, learned Standing counsel, Home Department & NRC; Mr. P. Sarma, learned Government Advocate, Assam; Mr. N. Kalita, learned counsel appears on behalf of Mr. A.I. Ali, learned Standing counsel, ECI.

2. Invoking the provisions under Article 226 of the Constitution of India, the petitioner Insan Ali has challenged the impugned judgment and opinion dated 31-05-2019 passed by the learned Member, Foreigners Tribunal, Baksa, Tamulpur, Assam, in F.T. Case No. 1782/BAKSA/2016 [arising out of S.P.(B), Nalbari reference : IM(D)T Case No. 60/2001] – whereby the prayer of the petitioner for time was allowed earlier and on the subsequent dates, when the petitioner as proceedee, failed to submit his evidence, the learned Tribunal referring to the legal mandate of disposing of the reference within the period of 60 days – proceeded to answer the reference and did so in the affirmative, holding that the petitioner as proceedee/opposite party was a foreigner who had illegally entered into India from the specified territory on or after 25-03-1971. He also directed certain consequential steps pursuant to rendering of such opinion.

3. Before proceeding further, the facts contended by the petitioner may be narrated briefly. The petitioner is stated to be the son of one Lt. Saharuddin Sheikh and Ayatun Nessa. It is stated that a reference was made regarding his nationality to the Foreigners’ Tribunal, Nalbari by S.P. Reference No. 1104/2002 in which notice was issued by the learned Tribunal. But due to his non-appearance, the learned Tribunal proceeding ex-parte passed opinion dated 18-01-2013, holding him to be a foreigner. Subsequently, the petitioner submitted an application along with a delay condonation petition for setting aside the ex-parte order. But both the petitions were dismissed. Thereupon, the petitioner approached this Court vide WP(C)/7770/2017, seeking interference with the order dated 18-01-2013 passed by the learned Foreigners’ Tribunal, Nalbari in the aforementioned case of 2007. This Court, vide order dated 08-01-2018, was pleased to set aside the aforementioned impugned order and remanded back the matter for fresh determination.

4. The matter had, in the meantime, reached the learned Foreigners’ Tribunal, Tamulpur at Baksa. The said learned Foreigners’ Tribunal, after adjudication, rendered its opinion dated 05-04-2018, holding that Md. Insan Ali was not a foreigner. It is further stated by the petitioner that despite being declared as not a foreigner by the aforesaid order – a notice was again served on him on 08-12-2018 with regard to fresh reference which was registered as F.T. Case No. 1782/BAKSA/2016 [arising out of S.P.(B), Nalbari Reference : IM(D)T Case No. 60/2001], alleging that he had illegally migrated to India after 25-03-1971 from Bangladesh.

5. Pursuant thereof, the petitioner appeared before the learned Tribunal and filed a petition on 06-03-2019 stating that he had been declared as not a foreigner in F.T. Case No. 6/BAKSA/2018 and prayed that the subsequent proceeding be closed. However, the learned Tribunal opined that as the reference has been preferred, it has to render an opinion and asked the petitioner to submit his response. Thereafter, the petitioner submitted his written statement along with documents and on 27-05-2019 sought some time to submit additional written statement. However, the same was rejected and the petitioner was declared a foreigner vide opinion dated 31-05-2019 as already mentioned at the outset.

6. In the impugned opinion dated 31-05-2019, the learned Tribunal stated that the prayer for additional written statement was allowed and thereafter, in between, unfortunately the case record was misplaced and subsequently, the matter was taken up on 27-05-2019. It is stated that by then 5(five) months had elapsed and the petitioner as proceedee had not yet filed his evidence and considering the