LAWS(GAU)-2015-8-79

KADBHANU @ BHANU BEGUM Vs. UNION OF INDIA

Decided On August 18, 2015
Kadbhanu @ Bhanu Begum Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 02.06.2006, passed by the learned Foreigners Tribunal, Darrang at Mangaldoi in FT Case No. 244/2005 (arising out of SP Enquiry No. 7612/98, Kadbhanu @ Bhanu Begum v. State of Assam) declaring the appellant to be a foreigner as well as the judgment dated 14.03.2014 rendered by learned Single Judge of this Court in WP(C) No. 21/2014 refusing to interfere with the judgment of the Foreigners Tribunal on holding that such a judgment does not suffer from any infirmity whatsoever.

(2.) The brief facts necessary for disposal are that a reference had been made to the Foreigners Tribunal, Darrang at Mangaldoi suspecting the appellant to be a foreigner. On the basis of such reference, FT Case No. 244/2005 was registered. According to the appellant, after registration of the case, the learned Foreigners Tribunal, without serving notice on the appellant, ordered that the FT Case No. 244/2005 would proceed ex-parte and thereafter, it declared the petitioner as a foreigner vide ex-parte order dated 02.06.2006.

(3.) Being aggrieved by the aforesaid order, the appellant preferred a writ petition before this Court which was registered as WP(C) No. 21/2014. This Writ Court issued notice and on hearing the parties was pleased to dismiss the same on holding that the Writ petitioner filed the proceeding aforesaid suppressing very material facts having enormous bearing on the outcome of the WP(C) No. 21/2014. Said proceeding was also dismissed since no explanation was rendered as to why such a proceeding was to have filed after a gap of almost eight years from the date on which order impugned therein was passed.