JAHURA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) In assailment is the judgment an order dated 10.01.06, rendered in WP (C) No. 5474 of 2005, rejecting the appellant/writ Petitioner's impugnment of the determination made by the then Court of Illegal Migrant (D) Tribunal Barpeta (hereinafter for short referred to as the learned Tribunal), adjudging her (writ appellant/writ petitioner) to be an illegal migrant within the meaning of section 3(1)(c) of the Illegal Migrant (Determination) Tribunal Act 1983 (for short hereafter referred as the At). We have heard Mr. MH Ahmed, learned counsel for the appellant/writ petitioner and Mr. M Bhagabati, learned Central Government Counsel for the Union of India. Also heard Mr. PS Deka, learned State Counsel, Assam.

(2.) On a reference being made under the Act, Case No. 1342/2003 was registered against the writ appellant/writ petitioner before the Illegal Migrant(D) Tribunal, Barpeta then functional under the Act.

(3.) The learned Single Judge on a scrutiny of the records of the proceedings before the learned Tribunal was of the view that not only notices had been duly sent to the writ petitioner/writ appellant, those were served on her more than once and that on one occasion, she had appeared through her learned advocate and had prayed for time, which was granted. The learned Tribunal further recorded that thereafter the writ appellant/writ petitioner had remained absent without steps and, consequently, the ex-parte judgment and order dated 07.03.2005 was passed, rejecting the plea that she had never been served with the notice of the proceeding before the learned Tribunal. Apart from this revelation from the original records and also being of the opinion that she even, otherwise, could not establish her claim of Indian Citizenship, the learned Single Judge, by the decision impugned in the instant appeal, rejected the writ petition.