SHIBADHAN DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. D Ghosh, learned counsel for the petitioners. 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 Areas, Ms. A Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.

(2.) The petitioner was referred by the Superintendent of Police, Borders, Morigaon for adjudication as to whether they are foreigners who had entered the territory of India after 25.03.1971 and accordingly IM(D)T Case No.127/2001 was registered before the Illegal Migrants (Determination by Tribunal) at Morigaon/Nagaon. Upon the Illegal Migrants (Determination by Tribunals) Act of 1983 being declared to be ultra vires by the Supreme Court, the reference made against the petitioners was transferred to the Foreigners Tribunal No.1 Morigaon and was renumbered as FT(C) Case No.627/2006.

(3.) The petitioners entered appearance, but repeatedly kept on seeking time for filing written statement and ultimately from 26.03.2010, the petitioners remained absent. Later on, an application for vacating the ex-parte order was filed which also stood rejected by the order dated 06.08.2013.