MOHITON BEWA Vs. UNION OF INDIA

JUDGEMENT

(1.) By means of this writ petition, the petitioner has assailed the order dated 04/07/2013 of the learned Member, Foreigners Tribunal, Goalpara in FT Case No. 3555/G/131 (Reference ERO's Case No. 56-28/36) (Union of India Vs. Mohiton Bewa). By the said order, the petitioner has been declared to be an illegal Bangladeshi migrant having entered into Indian territory after the cutoff date i.e. 25/03/1971. The order so passed is exparte.

(2.) Mr. H.A. Sarkar, learned counsel for the petitioner, submits that having regard to the special circumstances involved in this case, the petitioner is entitled to another chance to defend her case before the Tribunal and accordingly the impugned order is required to be set aside. On the other hand, both Mr. B.J. Ghosh, learned State Counsel and Ms. G. Sarma, learned counsel holding for Mr. S.C. Keyal, learned ASGI, submit that the petitioner is not entitled to get another opportunity, inasmuch as, she was provided with adequate opportunity granting several adjournments but she did not avail the same.

(3.) The Full Bench of this Court in State of Assam Vs. Moslem Mondal and others, 2013 1 GauLT 809 while holding that although there is no provision for setting aside an exparte order in the Foreigners Act, 1946 but in special circumstances, the Tribunal can set aside an exparte order. The proceedee is required to show good and sufficient cause towards setting aside an exparte order. The Full Bench, however, expressed a note of caution that an exparte order should not be set aside merely for asking for it and in a routine manner, inasmuch as the very purpose of enacting the Act and the order referred above would be frustrated. For a ready reference, para 92 of the Full bench judgement in Moslem Mondal is quoted below :-