JELEKHA @ JELEKHA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M. U. Mahmud, learned counsel for the petitioner, Ms. P. Baruah, learned counsel for the Central Govt. and Ms. D. Das Barman, learned Govt. Advocate, Assam. We have also heard Mr. Debasish Baruah, learned Standing Counsel, Election Commission of India and Ms. A. Verma, learned counsel for the State Coordinator, National Register of Citizens (NRC).

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 10.03.2008 passed by the then Foreigners' Tribunal (1), Darrang at Mangaldoi in FT Case No. 195/2006 by answering the reference in favour of the State by declaring the petitioner to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.

(3.) Be it stated that a reference was made by the Superintendent of Police (Border), Darrang with the allegation that petitioner was a foreigners who had illegally entered into India (Assam) from Bangladesh after 25.3.71. The reference was registered as FT Case No. 195/2006 before the then Foreigners' Tribunal (1), Darrang at Mangaldoi. It is seen that as per report and deposition of Border Police constables entrusted with the duty of serving notice upon the petitioner, Tribunal recorded that notice was duly served upon the petitioner in presence of witness but petitioner did not appear before the Tribunal and did not file written statement. Consequently, Tribunal decided to proceed ex-parte and by the order dated 10.03.2008 answered the reference in favour of the State.