KAJIMUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. U. Das, learned counsel for the petitioner as well as Mr. A. Kalita, learned counsel for respondent nos. 1, 2 and 3. None appears for respondent no.4.

(2.) Petitioner assails order dated 19.08.2016 passed by the Foreigners' Tribunal (No.7), Dudhnoi, Goalpara in F.T. Case No. 65/D/15, declaring him to be an illegal migrant of post 1971 stream from Bangladesh.

(3.) It appears from the materials available on record that the petitioner appeared before the Tribunal, consequent upon due service of notice and submitted written statement 17.02.2016 and evidence on affidavit on 07.04.2016. The case was then fixed for cross-examination. On as many as 6 occasions i.e. 02.05.2016, 13.05.2016, 17.06.2016, 02.07.2016, 21.07.2016 and 05.08.2016 the matter was fixed for cross- examination. Besides 17.06.2016 when the petitioner was present before the Tribunal, on all other dates he remained absent, however with petitions for fixing subsequent dates for cross-examination. On the last date i.e. 05.08.2016 a petition was filed by the engaged counsel bringing to the notice of the Tribunal that the petitioner did not make communication with him despite being informed about the matter fixed on 05.08.2016.