Ibrahim Ali vs The Union Of India And 6 Ors
2021 Latest Caselaw 549 Gua

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GAHC010013512020




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/425/2020

         IBRAHIM ALI
         S/O- LT. ABDUL KORIM, R/O- VILL- POLASHKANDI, P.O. AND P.S.
         TAMARHAT, SB-DIVISION- GOSSAINGAON, DIST.- KOKRAJHAR, BTAD,
         ASSAM, PIN- 783332



         VERSUS

         THE UNION OF INDIA AND 6 ORS.
         REP. BY THE SECY. OF THE MINISTRY OF HOME AFFAIRS, GOVT. OF
         INDIA, NEW DELHI-1

         2:THE ELECTION COMMISSION OF INDIA
          NEW DELHI-1

         3:THE STATE OF ASSAM
          REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
          HOME DEPTT.
          DISPUR
          GHY-6

         4:THE COORDINATOR
          NATIONAL REGISTER OF CITIZENS (NRC)
         ASSAM
          BHANGAGARH
          GHY-05

         5:THE DY. COMMISSIONER
          KAMRUP (M)
          GHY
         ASSAM
          PIN- 781001
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            6:THE DY. COMMISSIONER OF POLICE (B)
             GHY
             DIST.- KAMRUP (M)
            ASSAM
             PIN- 781001

            7:THE OFFICER-IN-CHARGE
             BHARALUMUKH P.S.
             KAMRUP (M)
             GHY
            ASSAM
             PIN- 78100

Advocate for the Petitioner   : MR. M ALI

Advocate for the Respondent : ASSTT.S.G.I.


                                      BEFORE
                      HON'BLE MR. JUSTICE N. KOTISWAR SINGH
                        HON'BLE MR. JUSTICE SOUMITRA SAIKIA
                                            :: O R D E R ::

17.02.2021 [N. Kotiswar Singh, J] Heard Mr. M. Ali, learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Central Government Counsel appearing for respondent Nos. 1 & 4; Ms. B. Das, learned Standing Counsel, ECI for respondent No.2 and Mr. U. K. Nair, learned Special Counsel, FT appearing for State/respondent Nos. 3, 5, 6 and 7.

2. Considering the nature of the case, the present petition is disposed of without issuing any formal notices to the respondents.

3. The present petition has been filed against the judgment and opinion dated 17.05.2017 passed by the learned Member, Foreigners Tribunal No. 5, Kamrup (Metro) in F.T. Case No. 1671/2016, whereby the matter was proceeded ex-parte against the petitioner.

4. It appears from the judgment and opinion dated 17.05.2017 that the notice issued to the petitioner was returned with the report dated 17.01.2017 that the petitioner was untraceable and had changed his place of residence without intimating the investigating Page No.# 3/3

agency of his change of address.

Accordingly, the learned Tribunal proceeded with the matter ex-parte by giving that the notice was served upon the petitioner in terms of Rule 3(5)(f) of the Foreigners (Tribunal) Order, 1964.

5. It has been submitted by the learned counsel for the petitioner that the petitioner did not receive any notice and as such, he did not know that he was under investigation which would necessitate him to inform the investigating agency of his change of residence. In fact, the petitioner had left his native village for Guwahati to earn his livelihood and there was no intention to evade the process of law and accordingly, has approached this Court praying that another opportunity be granted to appear before the Tribunal to prove that he is not a foreigner.

6. Mr. U. K. Nair, learned Senior counsel appearing for the State has also not raised serious objection to the said prayer.

7. In that view of the matter, we allow this petition by setting aside the impugned opinon/order dated 17.05.2017 passed by the learned Member, Foreigners Tribunal No.-5, Kamrup (Metro), Assam in F.T. Case No. 1671/2016 and remand the matter to the Foreigners Tribunal No. 5, Kamrup (Metro) for fresh reconsideration of the plea of the petitioner that he is not a foreigner.

8. Let the petitioner appear before the Foreigners Tribunal No. 5, Kamrup (Metro) on or before 26.03.2021 so that the Tribunal can proceed with the matter afresh in accordance with law.

9. Foreigners Tribunal, Kamrup (Metro) may be intimated of the order passed by this Court today by the Registry of this Court for doing the needful.

                                          JUDGE                                       JUDGE




Comparing Assistant