JAINAL SWIKH @ ABEDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. J. Paul, learned counsel for the petitioner, Mr. J. Payeng, learned counsel for the State of Assam, appearing for the Foreigners' Tribunal and Border Areas, Ms. V. Verma, learned Standing Counsel for the authorities under the NRC, Ms. G. Sarma, learned counsel for the authorities under the Union of India.

(2.) The petitioner was referred by the Superintendent of Police, Borders, City, Guwahati for determination as to whether he is foreigner, who had entered in the territory of India from the erstwhile East Pakistan to Assam before 25.03.1971. Accordingly, FT Case No. 1909/2016 was registered in the Foreigners Tribunal No. 5, Kamrup (M), Assam, Guwahati.

(3.) The petitioner entered appearance by filing written statement and thereupon had sought for adjournment on certain dates. Finally, when the matter was fixed on 6.10.2018, the petitioner remained absent without any steps and thereafter next date was fixed on 13.06.2018. The petitioner states that on 06.10.2018, the bus in which he was travelling developed some mechanical problem and as a result he appeared before Tribunal a bit late. When he enquired from the Tribunal he was informed that the order had already been passed and therefore the claim of the petitioner cannot be entertained any further. However, the petitioner could note that the next date fixed was 13.08.2018. On 13.08.2018, the petitioner developed some disease in his eyes and therefore requested his counsel to take steps in the matter, but as the counsel for the petitioner was also suffering from Diarrhea he could not appear.