JAKIR HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. S. Roy, learned counsel for the petitioner, Mr. M. Bhagawati, learned Govt. Advocate, Assam and Ms. G. Sharma, learned counsel for the Central Government.

(2.) By filing this petition, petitioner seeks quashing of order dated 19.01.2016 passed by the Foreigners Tribunal No.1, Nalbari as well as the order dated 01.03.2016 passed by the Foreigners Tribunal, Baksa, Tamulpur, rejecting the applications for setting aside the ex parte order declaring the petitioner to be a foreigner having illegally entered into India (Assam) after 25.03.1971.

(3.) On a reference made by the Superintendent of Police (Border), Nalbari, with the allegation that petitioner was a foreigner having illegally entered into India (Assam) after 25.03.1971, FT (Nal) Case No.2269/2007 was registered in the Foreigners Tribunal, Nalbari. Though notice of the proceeding was served upon the petitioner, he did not appear before the Tribunal and contest the reference. As a result, Tribunal was compelled to proceed ex parte against the petitioner. After examining the evidence adduced on behalf of the State, Tribunal passed order dated 13.2.2012 holding that as the petitioner had failed to discharge his burden under Section 9 of the Foreigners Act, 1946, the reference would stand answered against him by opining that the petitioner was a foreigner of post 1971 stream.