TARABHANU BEGUM Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The petitioner, who has been declared to be an illegal migrant from Bangladesh after the cut off date i.e. 25.3.1971 has invoked the writ jurisdiction of this Court by filing the instant writ petition. The impugned order dated 30.9.2008, declaring the petitioner to he an illegal migrant after the said cut off date has been passed by the Foreigners' Tribunal-III, Barpeta in F.T. Case No. 19(III)/2007 (Tara Bhanu Begam).

(2.) I have heard Mr. J. Ahmed, learned Counsel for the petitioner as well as Ms. R. Chakraborty, learned Additional Senior Government Advocate. I have also gone through the entire records of the tribunal.-

(3.) The impugned order is an ex parte one, in as much as, the petitioner inspite of notice, did not respond to the proceeding before the learned Tribunal. The case against the petitioner was first registered as Case No. 1365 of 2003 under the then IM (D) T Act, 1983. After the scrapping of the said Act by the Apex Court in Sarbananda Sohnowal v. Union of India, 2005 AIR(SC) 2920, the case was re-registered as F.T. Case No. 19(III)/2007 in the Foreigners' Tribunal-III, Barpeta.