ABDUL REJJAK Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M. Dutta, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC for respondent nos. 1, 2, 4 and 9; Mr. G. Sarma, learned standing counsel for the FT, Border matters and NRC, for respon-dent nos. 3, 5, 7, 8 and 10; and Mr. P. Sarmah, learned Addl. Senior Govt. Advocate, for respondent no. 6.

(2.) The petitioner in this case is Abdul Rejjak. His wife, namely, Doyjan Bibi, daughter of Maynal Haque and Sahebjan Nessa has been declared to be a foreign national vide ex parte opinion dt. 31/8/2017, passed by the learned Member, Foreigners Tribunal 4th, Dhubri, in F.T.4/71/GPR/2017.

(3.) The petitioner had approached this Court to assail the said ex parte opinion dtd. 31/8/2017 by filing a writ petition, and this Court by order dtd. 24/9/2021, passed in W.P. (C) No. 2028/2020, held that there was sufficient ground for the petitioner for not appearing before the learned Tribunal and therefore, the said ex parte opinion dtd. 31/8/2017, was set aside by allowing one opportunity to the petitioner to contest the proceeding by directing the petitioner to appear before the said learned Tribunal within 15 (fifteen) days from the date of the order and to file her written statement and documents. This Court had further directed that if the petitioner does not appear before the learned Tribunal on or before 27/10/2021, the impugned opinion would be revived and law will take its own course and the bail granted by the said order dtd. 24/9/2021, would also stand cancelled.