EKRAMUL HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. A H Atia, learned counsel appearing for and on behalf of the petitioner; Mr. P K Medhi, learned Central Government Counsel, appearing for the respondent No. 1, Ms. A Verma, learned Standing Counsel, Foreigners' Tribunal, appearing for the respondent Nos. 2, 3, 5 and 6, Ms. K Phukan, learned Government Advocate, Assam, for the respondent No. 4, Mr. A I Ali, learned Standing Counsel, Election Commission of India, for respondent No. 7 and Ms. L Devi, learned Standing Counsel, NRC, for respondent No. 8.

(2.) In this petition, the petitioner has challenged the ex parte order dtd. 6/12/2021, passed by the Foreigners' Tribunal, No. 10th, Nagaon at Sankardev Nagar, Hojai, Assam, in FT (D) Case No. 1550/2015, corresponding to Case No. F.T./H/3178/2012, arising out of SP(B)'s F.T. Case No. 377/2010, by which, the petitioner was declared a foreigner of the 1971 stream. The Tribunal held that in spite of giving adequate opportunity, the petitioner failed to produce any relevant and trustworthy documents to prove his citizenship and accordingly declared him a foreigner, who had entered India through Assam, on or after 25/3/1971.

(3.) Learned counsel for the petitioner claims that the petitioner duly appeared before the Foreigners' Tribunal, after receipt of notice, but because of non-availability of proper documents at the relevant time, he could not appear before the Tribunal for filing the documents in support of his evidence. Learned counsel for the petitioner also submits that inability of the petitioner to appear before the Tribunal on the date so fixed by the Tribunal was because of lack of communication of the petitioner with his engaged counsel. Otherwise, the petitioner was all along ready to appear before the learned Tribunal.