MD. KITAB ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. B. Gogoi, learned counsel for the petitioner. Also heard Mr. S.K. Medhi, learned CGC appearing for respondent No.1; Ms. A. Verma, learned Special Counsel, F.T. appearing for respondent Nos. 3 & 6; Mr. A.I. Ali, learned Standing Counsel, ECI, appearing for respondent No.2, Ms. L. Devi, learned Standing Counsel, NRC, appearing for the respondent no.4 and Ms. K. Phukan, learned State Counsel, Assam, appearing for the respondent no.5.

(2.) Considering the nature of the case and after hearing the learned counsel for the parities, we are of the view that the present petition can be disposed of at this stage without issuing any formal notice to the respondents.

(3.) In this petition the petitioner has challenged the ex parte order dtd. 30/11/2016 passed by the Foreigners Tribunal No.2, Abhayapuri, Assam, in BNGN/F.T./Case No.369/2009, by which the petitioner was declared a foreigner of post 25/3/1971 stream. The Tribunal held that the petitioner did not take any step to prove that he is not a foreigner but an Indian and accordingly, failed to discharge the burden cast upon him under Sec. 9 of the Foreigners Act, 1946.