LAWS(GAU)-2018-8-153

DINESH CHANDRA BHOWMIK Vs. UNION OF INDIA

Decided On August 10, 2018
Dinesh Chandra Bhowmik Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. J. Payeng, learned special standing counsel, Foreigners Tribunal, appearing for respondent Nos.2, 5 and 6; Ms. G. Sarma, learned CGC appearing for respondent No.1; Mr. A.I. Ali, learned standing counsel, Election Commission of India, appearing for respondent No.3 and Ms. A. Verma, learned standing counsel, NRC appearing for respondent No.4.

(2.) Challenge in this writ petition is to an order dated 11.07.2018 passed by the Member, Foreigners Tribunal, Baksa, Tamulpur, in F.T Case No.672/BAKSA/2016, whereby, the petitioner was held to have entered into India illegally on or after 25.03.1971 from the specified territory.

(3.) Drawing attention of the Court to paragraphs 9 and 10 of the impugned order, Mr. Biswas submits that it is manifestly clear therefrom that the counsel for the petitioner was not heard when the impugned judgment was rendered and therefore, on this short ground alone, the impugned order is liable to be set aside and quashed and the matter is liable to be directed to be re-heard and disposed of by the Tribunal.