MD. JAMAL ALI Vs. STATE OF ASSAM. REPRESENTED BY COMMISSIONER AND SECRETARY, HOME DEPARTMENT, GOVERNMENT OF ASSAM AND ANOTHER

JUDGEMENT

(1.) The petitioner claiming himself to be an Indian citizen by birth has invoked the writ jurisdiction of this Court assailing the legality and/or validity of the order dated 2.7.2008 passed by the Foreigners' Tribunal, Kamrup (Rural), Assam. In G.F.T. (R) Case No. 252/2007, by the said order the petitioner has been declared to be a 'foreigner'. The order has been passed by way of answer to the reference made to the learned Tribunal as to whether the petitioner is an illegal Bangladeshi migrant. who entered into India without any valid document through unauthorised route after the cut off date i.e.. 25.3.1971.

(2.) The petitioner, inspite of receipt of notice from the learned Tribunal did not respond to the proceeding and thus, the impugned order dated 2.7.2008 is the result of an ex parte proceeding against the petitioner in the said reference case.

(3.) In the writ petition, it is the case of the petitioner that although, in the impugned order there is a reference of the inquiry officer visiting the place of the petitioner and meeting him but in fact no such inquiry officer had ever met him. It is the further case of the petitioner that the said inquiry officer never questioned him nor any notice was received by him.