JAYNALABDIN Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) This writ petition is directed against the judgement dated 15/11/2007 of the Foreigners Tribunal, Sivasagar. By the said judgement, the learned Tribunal disposed of 7 (seven) FT Cases. The present proceeding is concerned with FT Case No. 09/07 (State v. Md. Jainuluddin Ali). By the said judgement, while disposing of all the 7 cases, the proceedees involved were held to be foreigners as defined in Section 2(a) of the Foreigners Act, 1946. The petitioner has also been declared to be a foreigner. While doing so, the learned Tribunal has recorded in the impugned judgement that as per the report of the Process Server, the proceedees had gone to some unknown destination after police started enquiries against them.

(2.) It is the specific case of the petitioner that no notice was served on him. However, on the basis of the impugned judgement and on being declared to be a foreigner, he was pushed back to Bangladesh along with his family members.

(3.) When the matter was first taken up on 20/11/2009, noticing the fact that the petitioner was deported along-with his family members to Bangladesh and that they have again come back to India and filed the instant writ petition, direction was issued to the Chief Secretary to the Government of Assam and Home Secretary to the Government of India to file affidavit as to how they could come back to India. For a ready reference, the order is quoted below :-