DILIP BISWAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition is directed against the order dated 01.01.2009 passed by the Foreigners' Tribunal (Fast), Morigaon in Case No. FT (C) 151/07 followed by further order dated 08.02.2010 answering the particular reference in favour of the State and holding that the Petitioners are illegal migrants from Bangladesh who have entered into Assam after the cut off date, i.e. 25.03.1971. The first order of the Tribunal, i.e. one dated 01.01.2009 was an ex parte one as inspite of receipt of notice, the Petitioners did not respond to the proceeding before the Tribunal. The Tribunal on the basis of the materials on record and the statements made by two prosecution witnesses and the documents proved and exhibited by them, answered the reference against the Petitioners holding them to be illegal migrants.

(2.) After the filing of the writ petition on 22.09.2009, the Petitioners filed an additional affidavit on 22.10.2009. The additional affidavit was filed to explain the circumstances leading to non-appearance of the Petitioners before the Tribunal. While in the writ petition the plea taken was that no notice from the Tribunal was served on them, but in the additional affidavit the plea taken was that one Shri Sukumar Biswas, brother of the Petitioner No. 1 who has been living independently and not in good terms with the Petitioners was served with the notice from the Tribunal who in turn did not inform the Petitioners about the said notice and resultantly the Petitioners could not appear before the Tribunal which resulted in ex parte proceeding and the order.

(3.) Considering the aforesaid stand of the Petitioners in the additional affidavit, this Court by order dated 01.12.2009 provided another opportunity to the Petitioners to appear before the Tribunal to establish their case that they are Indian Citizens by birth. While the instant proceeding was kept pending, learned Tribunal was directed to allow the Petitioners to adduce evidence and to decide the reference afresh taking into the said evidence.