MD FAZAR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant, who has been declared as foreigner coming to Assam from the specified territory post 25th March, 1971 by the Tribunal, has filed the present appeal challenging the order dated 28th June, 2013 passed by the learned single Judge in WP(C) No.3584/2013, whereby and whereunder the writ petition preferred challenging the exparte order dated 4th April, 2009 passed by the Foreigners Tribunal, Kamrup (R) in FT Case No.1830/2006 has been dismissed.

(2.) A notice under the provisions of the Foreigners Act was issued to the appellant by the Foreigners Tribunal asking him to show cause as to why he should not be declared as foreigner coming to Assam from erstwhile East Pakistan, i.e. the specified territory, between 1st January, 1966 to 25th March, 1971, fixing 19th April, 2008, as the date of appearance. Though the appellant initially appeared before the Tribunal on 19th April, 2008, he, however, has chosen not to contest the said proceeding, for which the learned Member, Foreigners Tribunal, Kamrup (R) vide order dated 4th April, 2009 declared the appellant as foreigner coming to India from the specified territory post 25th March, 1971. The said order was put to challenge in WP(C) No.3584/2013, after lapse of about 4(four) years, which writ petition has been dismissed vide order dated 28th June, 2013, on the ground that the appellant could not demonstrate sufficient cause in not approaching this Court immediately after passing the order by the Tribunal. Hence, the present appeal.

(3.) WE have heard Mr. M.U. Mondal, learned counsel for the appellant, Mr. M. Bhgabati, learned Central Government counsel appearing for the respondent No.1 and Mr. J. Handique, learned State counsel appearing for the respondents Nos.2 to 7.