SABURAN BEWA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A. Ali, learned counsel for the petitioner. Also heard Mr. A Ali, learned counsel for the Election Commission of India, Mr. J. Payeng, learned standing counsel for the State of Assam appearing for the Foreigners Tribunal and Border matters as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

(2.) On being referred by the Superintendent of Police (Border) Jorhat, JFT Case No.1876/2006 was registered against the petitioner before the Foreigners Tribunal, Jorhat. The petitioner being aggrieved by the ex-parte order dated 05.05.2010 of the Foreigners Tribunal, Jorhat, has approached this court by way of this writ petition. By the order dated 05.05.2010, the Foreigner Tribunal at Jorhat arrived at a conclusion that as the petitioner did not appear before the Tribunal on the date fixed for her appearance, therefore, the burden of proof of the petitioner remained un-discharged. Accordingly, the Tribunal had declared the petitioner to be a foreigner who entered India after 25.03.1971.

(3.) We have perused the records before the learned Tribunal and from the report of the process server dated 20.02.2010, it is seen that the petitioner could not be traced out at the appropriate place for the purpose of service of notice and, therefore, the notice could not be served upon the petitioner.