NURUDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. D. Gosh, learned counsel for the petitioners. Also heard Mr. A. Kalita, learned Standing Counsel, Foreigners Tribunal; Ms. L. Devi, learned Standing Counsel, NRC as well as appears on behalf of Mr. R.K. Deb Choudhury, learned ASGI; Mr. A. Bhuyan, learned Standing Counsel, ECI; and Ms. U. Das, learned Additional Senior Government Advocate, appearing on behalf of Deputy Commissioner, Morigaon.

(2.) The plea of the petitioners amongst others is that they were proceeded before the Foreigners Tribunal 1st, Morigaon in F.T. Case no. 54/2010 and F.T. Case no. 104/2010 and after hearing the matter, the learned Tribunal reserved for delivery of judgment on 12/5/2017. However, no judgment was rendered. But the new Tribunal Member who took charge of the office, without hearing the parties again, disposed of the matter on 5/9/2018 by holding the petitioners as illegal immigrants of post 25/3/1971 stream. Accordingly, it has been submitted that since the petitioners were not heard by the new incumbent learned Member of the Tribunal, the opinion rendered has been vitiated and as such, deserves to be set aside.

(3.) Accordingly, without going into the other grounds raised in this petition, we will first examine whether the impugned opinion dtd. 5/9/2018 was rendered without hearing the parties as alleged.