ABDUL BAREK Vs. STATE OF ASSAM

JUDGEMENT

(1.) The challenge made in this writ petition is the order dated 04.07.2011 passed by the learned Foreigners' Tribunal, Nalbari in FT (Nal) Case No. 4356/2006 declaring the petitioner to be a foreigner as he failed to discharge the burden of proving otherwise as envisaged under Section 9 of the Foreigners' Act, 1946. I have heard Mr. G. Singh, learned counsel for the petitioner as well as Ms. R. Chokraborty, learned State counsel. I have also heard Mr. A. Hussain, learned CGC. I have also perused the entire materials on record including the two documents produced by the learned counsel for the petitioner at the time of hearing of the writ petition.

(2.) The reference against the petitioner made by the Police was received by the Tribunal as recorded in its order dated 25.06.2007. Notice to the petitioner was issued and the same was served on him as reflected in the order dated 05.02.2008. However, the petitioner had chosen not to respond to the proceeding as would be evident from the order sheet maintained by the Tribunal and available in the records received from the Tribunal.

(3.) Although the petitioner was given several opportunities, he did not appear before the Tribunal. This is evident from the orders passed by the Tribunal on 05.02.2008, 25.04.2008, 26.06.2008, 14.07.2008, 29.08.2008, 28.11.2008, 05.02.2009, 20.04.2009, 13.07.2009, 23.07.2009, 12.10.2009, 31.12.2009, 21.04.2010, 18.05.2010, 20.08.2010, 12.11.2011, 24.06.2011 and finally when the impugned order was passed on 04.07.2011. It will be pertinent to mention here that by order dated 21.04.2010 it was provided that the reference would be heard ex parte against the petitioner. It is also pertinent to mention here that when the petitioner did not appear on 14.07.2008, fresh notice was issued to him fixing the matter on 29.08.2008. Although notice was again duly served on him, he did not appear on the said date, i.e. 29.08.2008, as recorded in the order passed on that day.