PARITOSH DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. D. Ghosh, learned counsel for the review petitioner and Mr. N. Pathak, learned Standing Counsel, F.T. appearing for respondent nos. 4 and 7. Also heard Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K. Dev Choudhury, learned Asstt. SGI for respondent No.1; Mr. A.I. Ali, learned Standing Counsel, ECI, appearing for respondent No.2, Ms. L. Devi, learned Standing Counsel, NRC, appearing for respondent No.5 and Ms. K. Phookan, learned State Counsel, Assam, appearing for respondent Nos.3 and 6.

(2.) The present review petition has been filed seeking review of the order dt. 11/11/2019 passed by the Division Bench of this Court in WP(C) No.4139/2019 by which the petitioner had challenged the ex parte order dtd. 9/8/2011 passed by the learned Foreigners Tribunal (1st), Morigaon in F.T.(D) Case No.1388/2007 declaring him a foreigner of post 25/3/1971 stream. The said writ petition was rejected primarily on the ground that the petitioner in spite of giving proper opportunity to appear before the Tribunal on several occasions did not appear, thus, forfeiting his right to contest the claim that he is an Indian.

(3.) It has been submitted by Ms. Ghosh that unfortunately though the notice was served to the petitioner and thereafter, the petitioner appeared before the learned Tribunal on several occasions but on the assigned date, the petitioner could not appear before the learned Tribunal because of his financial hardships. It has been submitted by the learned counsel for the review petitioner that the petitioner could not engage a counsel due to lack of financial resources. Further, the petitioner was unable to collect his relevant documents at that time, which have been annexed to the writ petition.