AZIZUR RAHMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M.U. Mondal, learned counsel for the writ petitioner. Also heard Mr. M. Bhagawati, learned Central Government counsel, appearing for the respondents. The petitioner, who has been declared to be a foreign national (illegal Bangladeshi migrant), has filed this writ petition challenging the declaration issued vide order, dated 18.07.2011, by the learned Member, Foreigners Tribunal, Kamrup (Rural), in D.V. (R) Case No. 146/2009/430 (Police Case No. 419/2006) (Union/of India v. Azizur Rahman). The order being ex parte, the petitioner preferred an application for setting aside the ex parte order, but the same was also rejected by order, dated 06.04.2013, passed in Misc. Case No. 01.2013. The said order is also under challenge.

(2.) Mr. Mondal, learned counsel for the petitioner submits that although the petitioner had received due notice form the Tribunal, but he could not appear due to his illness. Mr. Mondal submits that the fact of the illness of the petitioner ought to have been considered by the learned Tribunal instead of rejecting the petitioner's prayer for setting aside the ex parte order.

(3.) Mr. M. Bhagawati, learned Government counsel, on the other hand, submits that the petitioner having been provided with ample opportunities to respond to the Reference initiated by the Foreigners Tribunal, the impugned orders are not liable to be interfered with. According to Mr. Bhagawati, the grounds assigned for setting aside the ex parte order are not sufficient and good grounds and accordingly the Tribunal rightly rejected the application of the petitioner for setting aside the ex parte order.