JAKIR HUSSAIN(MD.) Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M.I.Hussain, learned counsel for the appellant, Ms. G.Saram, learned Central Govt. Counsel and Mr. R.Dhar, learned Govt. Advocate, Assam.

(2.) This appeal is directed against the impugned judgment and order dated 28.8.2015 passed by the learned Single Judge in W.P. (C)No.5222/2011, whereby the learned Single Judge upheld the ex-parte order dated 5.3.2009 passed by the learned Foreigners Tribunal-II, Barpeta in FT (2nd Tribunal) Case No.20/2006 (S.P.Ref No.6803 (A) dated 12/08) (Union of India Vs. Jakir Hussain), by the aforesaid order the appellant has been declared to be a foreigner of post 25.3.1971 stream.

(3.) The Superintendent of Police (B) Barpeta doubting the citizenship of the appellant made a reference to Foreigners Tribunal-II Barpeta and accordingly FT (2nd Tribunal) Case No.20/06 (S.P.Ref No. 6803(A) was registered against him and the learned Tribunal served a notice upon the appellant to appear before the Tribunal to prove his Indian nationality. Pleaded case of the petitioner is that in response to the notice he appeared before the Tribunal and prayed for time on several occasions to file written statement, but the thereafter the elderly local people suggested and mislead him not to appear before the learned Tribunal saying that the problem would be solved automatically, as such he did not appear before the Tribunal for which he was declared as a foreigner on by its order dated 5.3.2009 pursuant to which he was arrested on 3.9.2011 and he was deported beyond the border on 23.10.2011. However, he managed to come back to challenge the ex-parte order but in the meantime time he was arrested on 4.12.2014 and detained in the detention camp. According to the appellant learned tribunal without considering his case passed ex-parte order declaring the appellant foreigner of post 1971 stream.