HIMANSHU SARKAR Vs. STATE OF ASSAM AND OTHERS

JUDGEMENT

(1.) The petitioner has invoked the writ jurisdiction of this Court assailing the legality and validity of the order passed by the Foreigners Tribunal declaring the petitioner to be a foreigner (illegal Bangladeshi migrant) entering into Assam after 25.3.1971.

(2.) I have heard Mr. P.K. Roychoudhury, learned Counsel for the petitioner as well as Ma. R. Chokraborty learned Additional Senior Government Advocate. I have also perused the records F.T. Kamrup (M) Case No. 349/2007 by which the Foreigners Tribunal Kamrup (M) has declared the petitioner an illegal Bangladeshi national entering into Assam after 25.3.1971. As usual, the order is ex parte as the petitioner did not respond to the proceeding.

(3.) The particular reference was made under the I.M.D.T. Act and the same was registered and numbered as I.M.D.T. Case No. 274/2004. Later on the same was registered as F.T. Case No. 131/2006 after scrapping of the I.M.D.T. Act by the Apex Court. As regards the ex parte order passed by the Tribunal the explanation furnished by the petitioner in paragraph-3 of the writ petition is that although on receipt of the notice on 31,8.200.7 he, duly appeared before the Tribunal on 1.11.2007, but thereafter he could not appear as he had left Guwahati to his native place Jalpaiguri., West Bengal. Coming back from West Bengal, he enquired the matter in the Tribunal and came to know that the impugned ex parte order was passed on 31.12.2007.