ABDUL RASHID Vs. UNION OF INDIA.

JUDGEMENT

(1.) Heard Mr. L.R. Mazumder, learned counsel for the petitioner as well as Mr. U.K. Nair, learned senior counsel representing respondent nos. 2, 4 and 5. Ms. A. Verma, learned counsel represents respondent no.6. None to represent respondent nos.1 and 3.

(2.) Petitioner assails the ex-parte order dated 03.11.2017 passed by the Foreigners' Tribunal 6th, Silchar in F.T.6th (D) Case No.823/2016, declaring him to be an illegal migrant of post 25.03.1971 stream. Also assailed is the order dated 11.02.2019 passed in Misc. Case No.31/2018, whereby the petition praying for vacating the exparte opinion dated 03.11.2017 stood dismissed as not maintainable.

(3.) As it transpires from the materials available on record, the petitioner responded to the notice issued by the Tribunal and appeared through his engaged counsel, filed written statement along with some xerox copy of documents. Thereafter the case was fixed for evidence. The petitioner through his counsel took adjournment on as many as 10 (ten) occasions i.e. on 17.11.2016, 04.01.2017, 30.01.2017, 18.03.2017, 18.04.2017, 06.05.2017, 23.05.2017, 23.06.2017, 29.07.2017 and 18.08.2017. In between, on as many as 4 (four) occasions i.e. 13.12.2016, 28.02.2017, 08.06.2017 and 12.09.2017 the petitioner or his engaged counsel remained absent without any steps. The petitioner made no effort to prove his case and even on the date of delivery of opinion the petitioner remained absent without any steps.