MUSTT HALIMA KHATUN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. P. Sharma, learned counsel for the petitioner. Also heard Mr. U.K. Nair, learned senior special standing counsel, Foreigners Tribunal, appearing for respondent Nos.2, 4 and 5; 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. U. Das, learned standing counsel, NRC, appearing for respondent No.6.

(2.) Challenge in this writ petition is to an order 06.07.2012 passed by the learned Member, Foreigners Tribunal No.1, Dhubri, in F.T. Case No.257/MKCR/2010, whereby it was held that the petitioner had entered into India without authority after 25.03.1971 and therefore, she is an illegal migrant of post-1971 stream.

(3.) A perusal of the impugned order goes to show that the petitioner had entered appearance through a counsel on 07.04.2011 and had filed written statement along with photocopies of documents. The case was fixed for hearing on 25.05.2011. The petitioner did not appear on that date and also on five subsequent dates, namely, on 21.06.2011, 22.07.2011, 20.08.2011, 19.11.2011 and 09.02012. On all these dates, the learned counsel appearing for the petitioner filed petitions for adjournment which were allowed. The petitioner remained absent without any steps on 27.02012 and 19.04.2012. The learned Tribunal intimated the counsel appearing for the petitioner to appear, whereupon the counsel appeared on 18.05.2012 and submitted that he was unable to contact the petitioner. As the petitioner had not appeared, the case was fixed for ex parte hearing.