SAMSUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner who has been declared to be a foreigner (Illegal Bangladeshi Migrant) entering into Assam after 25.03.71, has filed this writ petition praying for setting aside and quashing the order of the Tribunal.

(2.) The petitioner claims to be an Indian citizen by birth. He was involved in FT Case No. 200/06 (B) before the Foreigners Tribunal No. 1, Barpeta. The said case has been decided ex-parte against the petitioner by the impugned judgment and order dated 27.12.07. The decision is ex-parte as the petitioner after initial appearance failed to appear and discharge his burden of proof to establish the Indian citizenship by birth as envisaged under Section 9 of the Foreigners Act 1946. The Tribunal on the basis of the materials on record has answered the reference against the petitioner and in favour of the State.

(3.) The petitioner has tried to explain the circumstances leading to the impugned ex-parte judgment and order in paragraphs 9 and 10 of the writ petition. The explanation is that on receipt of the notice from the Tribunal, he regularly appeared before the Tribunal till 19. 12.07 and on that date he was informed that the next date of the case was 13.02.08 for submission of written statement. However, he received the copy of the impugned ex-parte order dated 27.12.07 on 05.02.08 passed by the Foreigners Tribunal in FT case No. 200/06 (B). It is the case of the petitioner that the case could not have been decided ex-parte as he had all along appeared before the Tribunal and the last date for submission of written statement was fixed on 13.02.08. It is the further case of the petitioner that on enquiry in the office of the Tribunal he came to know that there is another case pending in the Tribunal which is FT Case No. 203/06 against another Samsul Hoque, S/o Abdul Mia. As stated above, the petitioner was involved in FT Case No. 200/06 and the name of the father of the petitioner is Faizuddin.