MONIR UDDIN (MD.) Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. D.P. Borah, learned counsel for the petitioners, Mr. J. Payeng, learned counsel for the State of Assam, appearing for the Foreigners' Tribunal and Border Areas, Ms. V. Verma, learned Standing Counsel for the authorities under the NRC, Ms. G. Sarma, learned counsel for the authorities under the Union of India.

(2.) On a reference being made by the Superintendent of Police Barpeta, the IM(D)T Case No. 407/2005 was registered against the petitioners. Upon the IM(D)T Act, 1983, being declared ultra vires by the Supreme Court of India, the reference was transferred to the Foreigners Tribunal No. 4, Barpeta and was renumbered as FT Case No. 1115/2016. By the order, dated 13.11.2017, the final consideration was made by declaring the petitioners to be foreigners.

(3.) Paragaraph 3 of the order dated 13.11.2017 shows that the notice against the petitioners could not be served due to non-availability of the proceedees at their given address. In the circumstances, the process server had served notice by hanging. The order does not clearly shows as to in what manner the hanging was made.