MOJIBAR RAHMAN Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Heard. Mr. M.U. Mahmud, learned counsel for the petitioner and Mr. G. Pegu, learned Government Advocate, Assam.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 01.09.2011, passed by the Foreigners' Tribunal No. 1, Goalpara, in FT Case No. 3004/G/11, declaring the petitioner to be a foreigner, who had illegally entered into India (Assam) from the specified territory after 25.03.1971.

(3.) A perusal of the order dated 01.09.2011 would go to show that notice issued by the Tribunal was served upon the petitioner, where after he entered appearance before the Tribunal along with his counsel on 18.06.2010 and prayed for time to file written statement, which was allowed. On the next date, i.e., on 28.07.2010, petitioner filed his written statement. However, when the case was fixed for evidence, petitioner remained absent. As recorded by the Tribunal, the case was adjourned on the following dates because of non-appearance of the petitioner: - 05.10.2010, 10.12.2010, 002.2011, 24.02011, 09.05.2011, 17.06.2011, 19.07.2011 and 19.07.2011. Thereafter, the case was fixed on 20.08.2011. Tribunal noted that counsel for the petitioner continued to file adjournment petitions, stating that petitioner could not collect the essential documents. Considering the persistent default of the petitioner, further adjournment was not granted by the Tribunal and, thereafter, order was passed on 01.09.2011, answering the reference in favour of the State in the above manner.