JAYANTI BARMAN Vs. STATE OF ASSAM AND ORS

JUDGEMENT

(1.) The challenge made in this writ petition is the order dated 18.8.2008 by which the Foreigners Tribunal, Kamrup (Metro) while answering the reference in question being FT Kamrup (M) Case No. 12/2008 corresponding to IM(D)T Case No. 2483/04 and Police case No. 432/06 has held that the petitioner is a foreigner who entered Assam (India) after the cut off date, i.e. 25.3.1971, without any valid documents. Presently, the petitioner is in custody of the authority for deportation to Bangladesh.

(2.) As in many other such cases, in the instant case also the petitioner in spite of receipt of notice from the Tribunal did not appear before the same and/or respondent to the proceeding. The ground of such nonappearance as usual is that since the petitioner is illiterate and did not have any knowledge about the contents of the said notice, failed to appreciate the far reaching effect of such notice. Further ground urged is that the petitioner was not aware of the rigmarole. Another ground urged is that the petitioner had forgotten that she had been served with a notice to appear before the Tribunal. Accordingly the Tribunal concluded the proceeding ex-parte with the eventual impugned order.

(3.) If the petitioner failed to respond to the proceeding before the Tribunal and consequently the Tribunal had to proceed ex-parte, the writ Court without any valid ground cannot set aside the said proceeding and the consequential order. The aforesaid grounds in paragraph-6 of the writ petition are hardly any ground to set aside the ex-parte proceeding. If such grounds are allowed as grounds to set aside the ex-parte proceeding, there will be no end to the legal proceeding and the foreigners merrily roaming around in Assam will continue to live in Assam to the detriment of the Indian citizen.