BIMALA KHATUN Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against the ex -parte judgment dated 3.8.2010 of the Foreigners Tribunal, Sonitpur, Tezpur in FT (D) Case No. 191/2008 [S.P. (B), Sonitpur, Tezpur Case No. TZP (B)/07/437 dated 11.6.2007] (State of Assam Vs. Musstt. Bimala Khatun). By the said judgment passed ex -parte, the petitioner has been declared to be an illegal migrant. I have heard Mr. A. Ali, learned counsel for the petitioner. Also heard Mr. B.J. Ghosh, learned State Counsel and so also Ms. G. Sarma, learned counsel appearing on behalf of Mr. S.C. Keyal, learned ASGI. I have also perused the entire materials on record including the records received from the Tribunal.

(2.) AS stated in the writ petition, during the period from 1.10.2004 to 25.11.2004, house to house enumeration was made and thereafter draft electoral roll of the constituency in question was published on 15.6.2005. When the name of the petitioner was included in the said draft electoral roll, a doubt arose as to whether she is an Indian citizen or an illegal migrant. Accordingly following due process, a reference was made to the Foreigners Tribunal. The Tribunal issued notice to the petitioner and on receipt of the same, she appeared on 5.8.2008 and prayed for time to file written statement. The prayer was allowed fixing the matter on 24.9.2008. On 24.9.2008 also, the petitioner appeared and prayed for time and the same was allowed fixing the matter on 17.11.2008. However, she did not appear on 17.11.2008 and in all subsequent dates, namely, 13.1.2009, 2.3.2009, 9.4.2009, 9.6.2009, 17.7.2009, 27.8.2009, 18.10.2009, 22.12.2009, 6.2.2010, 22.3.2010, 4.5.2010, 17.6.2010 on which date having regard to the long absence of the petitioner without any step, the Tribunal ordered for ex -parte hearing fixing the matter on 28.7.2010.

(3.) IN the writ petition, the petitioner has urged the ground of illiteracy in not taking steps in the matter. However, it is on record that in the proceeding before the Tribunal, she had engaged an Advocate. As regards the delay in filing the writ petition on 14.11.2013 against the impugned ex -pare judgment dated 3.8.2010 (more than three years delay), the petitioner has stated that as the ex -parte order was passed on 3.8.2010, she was unaware about the same till 28.2.2011 and thereafter she applied for the copy of the same on 1.3.2011 and obtained the same on 5.3.2011. Thereafter she started collecting necessary documents and filed the writ petition. This ground urged towards explaining the delay in filing the writ petition is also not tenable.