ABDUL RASID @ RASID ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. N. Ahmed, learned counsel for the petitioner. We have also heard Mr. A. Kalita, learned Standing Counsel, Foreigners Tribunal and Border Police as well as Ms. G. Hazarika, learned CGC appearing for the Union of India and the NRC Coordinator and Ms. B. Das, learned counsel representing the Election Commission of India.

(2.) This writ petition has been preferred against the ex-parte order dated 17/04/2019 passed by the learned Member, Foreigners Tribunal No. 3, Kamrup (M) at Guwahati, declaring the petitioner to be a foreigner.

(3.) Mr. Ahmed submits that notice in this case was served upon the petitioner's father but at that time, the petitioner was away from his home in connection with his employment, as a result of which he could not appear before the learned Tribunal. The petitioner had also suffered from certain serious ailments which had also prevented him from appearing before the Tribunal. Referring to the documents brought on record, Mr. Ahmed submits that the petitioner has sufficient materials to establish his citizenship and, therefore, he be given one opportunity to establish his case.