AMILA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved by order dated 4.6.2014 of the Foreigners Tribunal, Goalpara passed in F.T. Case No. 4814/G/11 (Ref. ERO's Case No. 55 -32/39) (Union of India Vs. Amila Khatun). By the said order, the learned Tribunal has opined that the petitioner is a foreigner of post 25.3.1971.

(2.) As will be evident from the impugned order itself, the petitioner after filing of written statement on 23.9.2013 kept on taking time to adduce evidence. Situated thus, the learned Tribunal passed the impugned order ex -parte having regard to the amended provisions of Foreigner (Tribunal) Order, 1964.

(3.) On perusal of the records received from the Tribunal, it is revealed that the petitioner first appeared before the Tribunal on 5.9.2013 and prayed for time till 13.9.2013 for written statement. The ground assigned in the adjournment petition was "shortage of document". Allowing the prayer for adjournment, the matter was fixed on 13.9.2013, on which date also she prayed for time "due to lack of document". While allowing the prayer fixing the matter on 23.9.2013, the learned Tribunal recorded note of caution for the petitioner. On 23.9.2013, although the petitioner filed written statement and photocopies of two documents, but prayed for time to produce documents. The prayer was allowed and the matter was fixed on 15.11.2013, on which date, the engaged counsel of the petitioner again prayed for time to adduce evidence and the prayer was allowed fixing the matter on 9.1.2014 for evidence. On 9.1.2014 also, the petitioner prayed for time due to "shortage of document" and the prayer was allowed with caution and the matter was fixed on 19.3.2014. On 19.3.2014 also the petitioner again prayed for time due to "shortage of document" and the prayer was allowed as a last chance fixing the matter on 29.5.2014.