Gauhati HC Sets Aside Ex Parte Order Of Foreigners Tribunal Declaring A Person As Foreigner [Read Order]

Noticing that a Foreigner Tribunal had declared a person as 'foreigner' without serving noticing on him, the Guahati High Court intervened to set aside that order.

This happened in the case Sahinur Islam vs Union of India, which was a writ petition filed against the ex parte order passed by Foreigners Tribunal, Jorhat on April 6, 2010.

The petitioner, Sahinur Islam, submitted that the order was passed without serving notice on him. The order came to his knowledge only in July 2019, during NRC hearing, he submitted.

The HC perused the records of the case and noted that the notice issued to him  on February 5, 2010 was returned "unserved" as he was not available in the given address.

"Having regard to the admitted fact that service of notice was not effected in any manner on the petitioner, as required to be done under Paragraph 3(5) of the Foreigners (Tribunals) Order, 1964, we are of the view that the petitioner was denied opportunity of hearing to contest the case on merits", held the division bench comprising Justices Manojit Bhuyan and Parthivjyoti Saikia.

The order was set aside and the matter was sent back to the Tribunal for fresh consideration on merits. The petitioner was directed to make appearance before the Tribunal on March 20, 2020, and the Tribunal was directed to dispose of the matter within 60 days.

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