LAWS(GAU)-2021-7-20

MUKTI RANI PAUL Vs. UNION OF INDIA

Decided On July 20, 2021
Mukti Rani Paul Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Ms. S. Das, learned counsel for the petitioner. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned ASGI, for respondent No.1 as well as appearing as standing counsel, NRC, for respondent No.6; Ms. A. Verma, learned Special Counsel, FT, appearing for respondent Nos.2 4 and Mr. A. Bhuyan, learned standing counsel, ECI, appearing for respondent No.5.

(2.) The present petition has been filed being aggrieved by the ex-parte order dated 10.08.2007 passed in F.T. Case No.120/2006 by which the petitioner has been declared a foreigner and the subsequent order dated 10.06.2009 in the said case and order dated 08.11.2017 passed in Misc. Case No.15/2017 declining to revisit the ex-parte order on the ground of delay.

(3.) The petitioner was initially proceeded against before the Foreigners' Tribunal-1, Karimganj on a reference being made against her under Ref. Case No.124/2000. As per the aforesaid reference, notice was issued to the petitioner. The petitioner duly received the notice. According to the petitioner, unfortunately, after initial appearance, the petitioner could not appear before the Tribunal on subsequent dates fixed as she was suffering from rheumatoid arthritis for the last 5 years before the reference and was undergoing treatment. Unfortunately, because of her inability to appear before the Tribunal, the matter was proceeded ex-parte on 10.08.2007 and the Tribunal declared the petitioner to be a foreigner who entered India illegally after 25.03.1971.