ANAND KUNDU Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, who has been declared to be a foreigner, who came to Assam from Bangladesh after 25. 3. 1971, has filed this writ petition challenging the said declaration made by the Foreigners' Tribunal, Diphu in FT Case No. 60/2006, corresponding to IMDT Case No. 88/2005.

(2.) THE impugned order of the Tribunal is exparte as the petitioner after filling the written statement and two numbers of documents defaulted in appearance before the Tribunal. According to the petitioner, he is an Indian citizen, by birth, and his father is late Upendra Kundu. As regards the exparte impugned judgment and order passed by the Tribunal, the stand of the petitioner is that the Tribunal committed error in law in not considering the case of the petitioner in proper perspective. The ground assigned for non-appearance of the petitioner is in paragraph 16 of the writ petition. The ground is that the petitioner had engaged an advocate to defend his case before the Tribunal by entrusting him with all the requisite documents to prove his Indian citizenship. According to the petitioner, the said advocate did nothing to protect his interest. The petitioner is completely silent regarding the burden of proof as envisaged under Section 9 of the Foreigners' Act, 1946.

(3.) THE respondent No. 4 i. e. the Superintendent of Police (B), Karbi Anglong District, by filling an affidavit dated 5. 12. 2008 brought to the notice of this Court that the petitioner was already deported to Bangladesh on 10. 8. 2008 vide Mahisasan Passport Check Post (PCP) exit confirmation No. 72/2008 dated 10. 8. 2008, maintaining all the formalities based on the judgment and order of the Foreigners' Tribunal dated 8. 5. 2007. In the said affidavit, documents relating to deportation of the petitioner, such as, Deportation Oder, Finger Prints, Search List, Quit India Notice, etc. have also been annexed. The Border Security Force (BSF), which was also directed to confirm the position has filed an affidavit dated 21. 6. 2009, confirming the above position. As per the said affidavit, the petitioner was brought at BOP Mahisasan vide Exit No. 64 to 72 of 2008 dated 10. 8. 2008 with a request to send the persons including the petitioner to Bangladesh. The BSF sent back the petitioner alongwith others to Bangladesh in presence of the State Police representative from Border Police No. 1367. Requisite information was also sent to the Bn. HQ. and in turn, the Bn. Hq. submitted information to Sector Hq. , BSF, Silchar. The BSF has also produced the Push Back Register of BOP, Mahisasan to indicate that the petitioner on being declared to be a foreigner was pushed back to Bangladesh.