PRAFULLA SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr.P. Gogoi, learned counsel for the petitioners and Ms. B.Goyal, learned counsel for the State. With the consent of the learned counsel for the parties, the matter is finally heard.

(2.) THE petitioner being aggrieved by the order dated 28.01.2008 passed in FT Case No. 114/2007 has come to this Court with the submission that on one side the learned Presiding Officer, Foreigners Tribunal proceeded exparte and on the other even when there was no evidence on record from the side of the complainant/State, has simply relied on Section 9 of the Foreigners Act, 1946, and came to the conclusion that the burden was required to be discharged by the petitioner but the said burden was not discharged and thus, wrongly, held that the petitioner was a foreigner.

(3.) THE petitioner shall appear before the learned Tribunal on 28.06.2010 and produce a copy of this order enabling the tribunal to know what is required to do.