LAWS(GAU)-2019-11-254

ANJALI BISWAS Vs. UNION OF INDIA

Decided On November 05, 2019
SMTI. ANJALI BISWAS Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard Mr. HRA Choudhury, learned Senior 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, 5, 6 and 7. Ms. B. Das, learned counsel represents respondent no.3 whereas Ms. A. Verma, learned counsel appears for respondent no.4.

(2.) Petitioner assails order/opinion dated 01.07.2014 passed by the Foreigners' Tribunal (2nd), Morigaon, Assam in Case No. F.T.(D) 311/2011, declaring her to be a foreigner, having illegally entered into India (Assam) after the cut-off date of 25.03.1971. Challenge is also made to the order dated 01.02.2017, whereby the Misc Case No.20/2016 for vacating the impugned order/opinion stood dismissed.

(3.) Mr. Choudhury 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 of her, under Section 9 of the Foreigners' Act, 1946.