ABDUS SAMAD Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) As the experience of this Court goes in most of the cases pertaining to foreign nationals in the Foreigners' Tribunal, due to the non-responsive attitude of such foreigners, the learned Tribunals are left with no option than to proceed ex parte with the eventual passing of ex parte order/orders. However, the instant case is an exception in as much as, the impugned order is not pursuant to an ex parte proceeding. The petitioner duly responded to the proceeding before the learned Tribunal and the impugned order dated 17.9.2008 has been passed inter-party. The particular reference made against the petitioner having been answered against him he has invoked the writ jurisdiction of this Court.

(2.) I have heard Mr. A. Mannaf, learned Counsel for the petitioner as well as Ms. R. Chakraborty, learned Additional Senior Government Advocate, Assam. I have also gone through the records of the Tribunal. None represented the Union of India in such an important matter.

(3.) The particular reference against the petitioner as to whether, he is an illegal migrant entering into Assam after the cut off date i.e. 25.3.1971 came into being, when the name of the petitioner came to be included in the draft Electoral Roll of 1997 pertaining to 39 Jaleswar Assembly constituency. House to house enumeration was done during the period from 16.1.1997 to 15.4.1997. On publication of draft Electoral Roll, which included the name of the petitioner a doubt arose as to his Indian Citizenship, and accordingly, the Electoral Registration Officer forwarded the matter to the competent authority for determination as to whether the petitioner is a foreign national. During enquiry, he could not produce any document in support of his Indian citizenship. Accordingly, the Enquiry Report was prepared and signed by the petitioner accepting the contents thereof. Thereafter, the reference was made to the Tribunal on the basis of which the case was registered against him as FT Case No. 941/G/2008.