MALEKA KHATUN Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) By means of this writ petition, the petitioner seeks to challenge the order dated 12.1.2009 (Annexure-11) of the Foreigners Tribunal (III), Barpeta passed in FT Case No. 160(III)/07 (Ref. Case No. 10393/98). By the said order, passed ex-parte, the petitioner was declared to be an illegal migrant. The Tribunal had to pass the impugned order ex-parte as the petitioner did not respond to the proceeding after filing written statement.

(2.) I have heard Mr. K. Bhuyan, learned counsel for the petitioner. Also heard Mr. M. Bhagawati, learned State Counsel and Mr. S.C. Keyal, learned ASGI. I have also considered the entire materials on record.

(3.) It appears that the petitioner after filing written statement failed to adduce any evidence towards discharging the burden of proof as envisaged under Section 9 of the Foreigners Act. 1946, about which detail discussions have been made in Sarbabanda Sonowal v. Union of India, 2005 AIR(SC) 2920. Coming to the Writ Court, the petitioner has urged the following ground for non-appearance before the Tribunal.