YASIN ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Huda, learned counsel, appearing for the petitioner. Also heard Mr. M. Bhagawati, learned State counsel and Ms. G. Sarma, learned counsel, appearing on behalf of Mr. S. C. Keyal, learned A.S.G.I.

(2.) By means of this writ petition, the petitioner has challenged the judgment and order dated 12.10.2009 of the learned Member, Foreigners Tribunal, Golaghat passed in Case No. F.T.G. 135/2007 (State of Assam Vs. Md. Yasin Ali). By the said judgment, the petitioner has been declared to be an illegal migrant, who entered into India after 25.03.1997 without any valid documents. Accordingly, he has been declared to be a Foreign National under Section 2 (a) of the Foreigners Act, 1946.

(3.) As will be evident from the impugned judgment itself, the petitioner after filing the written statement remained absent on 10.09.2008, 22.09.2008, 20.11.2008, 22.12.2008, 06.02.2009, 01.04.2009, 04.05.2009, 19.06.2009, 22.07.2009 and 25.08.2009. We have gone through the record received from the Tribunal. On perusal of the said record, it is found that upon service of notice, the petitioner appeared before the Tribunal on 19.05.2007 and prayed for time to file written statement. Prayer was allowed fixing the matter on 20.06.2007 on which date, he remained absent. However, the matter was adjourned to 07.08.2007 on which date also, he prayed for time and was allowed. He again prayed for time on 26.10.2007 and 24.12.2007. He filed his written statement on 06.02.2008 and thereafter, did not adduce any evidence on the dates fixed, namely, 11.03.2008, 08.04.2008 and 14.05.2008. Thereafter, he remained absent on the aforesaid dates without any steps. Situated thus, the learned Tribunal had no other option than to pass the impugned order ex -parte.