ABDUS SOBUR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.A. Dewan, learned counsel for the petitioner as well as Ms. G. Hazarika, learned counsel representing respondent no. 1. Mr. J. Payeng, learned counsel represents respondent nos. 2, 3 and 4. Ms. B. Das, learned counsel represents respondent no. 5 whereas Ms. A. Verma, learned counsel appears for respondent no. 6.

(2.) Petitioner assails ex-parte order/opinion dated 10.11.2004 passed by the Foreigners Tribunal, Jorhat, in JDT Case No. 305/2000, declaring him to be a foreigner, having illegally entered into India (Assam) after 25.03.1971.

(3.) Mr. Dewan submits that the order of the Tribunal was passed without granting opportunity to the petitioner to contest the case and/or opportunity to discharge the burden as required under Section 9 of the Foreigners' Act 1946. It is stated that no notice, whatsoever, was served upon the petitioner. It is further stated at paragraphs-2 and 3 of the writ petition that the petitioner came to learn about the impugned opinion only when his name did not figure in the draft NRC list.