KASEM ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri A.R. Sikdar, learned counsel for the petitioners. Also heard Ms. A. Verma, learned Standing Counsel, NRC & Home Department; Shri P. Sarma, learned State Counsel and Shri H. Kuli, learned counsel appearing on behalf of Shri A.I. Ali, learned Standing Counsel, ECI.

(2.) In this writ petition instituted under Article 226 of the Constitution of India, a challenge has been made to an order dtd. 19/11/2013 passed by the learned Foreigners' Tribunal (1st), Morigaon, Assam in F.T (C) Case No. 162/2008 [Police Reference IM(D)T Case No. 107/01] declaring the petitioners as foreigners post 25/3/1971. It has been projected that the order impugned is an ex parte one.

(3.) Shri Sikdar, learned counsel for the petitioners, by drawing the attention of this Court to the impugned order dt. 19/11/2013, has submitted that the requirement of serving notice upon the petitioners was not fulfilled in accordance with law. In this regard, he has referred to the Foreigners' Tribunal Order 1964, more particularly, Order 3(5)(f). He has also referred to the report of the Process Server dtd. 16/8/2013, and has contended that a bare perusal of the report would show that though the notice was affixed, as the residence of the petitioners could not be ascertained, there is no clarity as to where such notice was affixed. He has also submitted that the requirement in such a situation is to affix the notice on the outer door of the residence or any other conspicuous part of the house in which the proceedee had last resided.