AMJAD SHEIKH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the order dated 03.11.2012 passed by the Foreigners Tribunal, Goalpara in F.T. Case No. 2575/G/2010 holding all the petitioners as illegal migrants of post 1971 stream from Bangladesh.

(2.) Case of the petitioners is that petitioner No. 1 is the father of petitioner Nos. 3 and 4 whereas petitioner No. 2 is the wife of petitioner No. 1. On receipt of notice dated 06.05.2011 issued by the Foreigners Tribunal, Goalpara (Tribunal), petitioners filed written statement dated 13.10.2011. In the written statement, it was contended that father of petitioner No. 2 was a voter in the voters list of 1966 and subsequent voters lists of Boko L.A. Constituency. Petitioner No. 1's father was also a voter whose name appeared in the voters list of 1966 in Chenga L.A. Constituency. His name also appeared in the voters list of 1971 in Boko L. A. Constituency. Subsequently, names of both petitioner No. 1 and petitioner No. 2 were included in the voters lists of 1997 onwards. Thus, they claimed to be Indian citizens.

(3.) Though, initially the case was registered under the IMDT Act, subsequently, after declaration of the IMDT Act as unconstitutional, the case was transferred to the Foreigners Tribunal. As the engaged counsel of the petitioners took time to file evidence-in-chief, another advocate was appointed to conduct the proceeding on behalf of the petitioners. On 18.10.2012, the newly engaged counsel sought for adjournment on account of illness of the petitioner No. 1, but such prayer was rejected. Case was accordingly decided ex-parte and by order dated 03.11.2012, the Tribunal held the petitioners to be illegal migrants of post 1971 stream from Bangladesh.