ABDUL KARIM Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard Mr. M.U. Mahmud, learned counsel along with Mr. M.I. Hussain, learned counsel for the petitioner. Also heard Mr. N. Upadhyay, learned State Counsel and Ms. G. Sarma, learned counsel appearing on behalf of Mr. S.C. Keyal, learned ASGI. By means of this writ petition, the petitioner has put to challenge the judgment and order dated 15.9.2014 of the learned Member, Foreigners Tribunal (II), Barpeta in FT (2nd Tribunal) Case No. 503/2008. By the said judgment and order, answering the reference made against the petitioner, he has been declared to be a foreigner within the meaning of Section 2(a) of the Foreigners Act, 1946 as he entered into India after the cut off date i.e. 25.3.1971. The impugned judgment and order has been passed ex parte as the petitioner after his initial appearance before the Tribunal, remained absent from the proceeding without any steps.

(2.) While entertaining the writ petition by order dated 23.3.2015, records from the Foreigners Tribunal was called for and the same has been received. On perusal of the said records, it appears that after the initial appearance before the Tribunal on 30.4.2008 with the prayer for adjournment enabling to file written statement, the petitioner subsequently remained absent and did not appear. After the initial order dated 30.4.2008 granting him time to file written statement, he appeared on 26.5.2008; 20.6.2008 and 9.7.2008 and on all the dates, prayed for time to file written statement and the same was allowed. However, thereafter, he remained absent from 30.7.2008 to the date of passing the impugned judgment and order. In between 47 dates had gone by and the petitioner did not appear on any one of the said dates and also did not take steps.

(3.) Due to non-appearance of the petitioner, the learned Tribunal passed an order on 26.11.2009 recording such non-appearance and ordering for ex-parte proceeding. Even thereafter also, the petitioner remained absent throughout the proceeding and for a ready reference, the dates of his absence before the Tribunal are indicated below: