FAZINA KHATUN @ FAJINA KHATUN BIBI Vs. UNION OF INDIA
LAWS(GAU)-2018-11-133
HIGH COURT OF GAUHATI
Decided on November 12,2018

Fazina Khatun @ Fajina Khatun Bibi Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Manojit Bhuyan, J. - (1.) Heard Mr. A. Rahman, learned counsel for the petitioner as well as Ms. P. Baruah, learned counsel for no.1; Mr. A.I. Ali, learned counsel for respondent no. 2; Ms. A. Verma, learned counsel for respondent no. 3 and Mr. J. Payeng, learned counsel for respondent nos. 4, 5, 6 & 7.
(2.) Petitioner assails the ex-parte order dated 23.05.2017 passed by the Foreigners' Tribunal No.5, Dhubri in Case No.FT-5/GPR/327/2017, declaring the petitioner to be a foreigner who entered into Assam illegally on or after 25.03.1971.
(3.) Mr. Rahman submits that the order of the Tribunal was passed without granting opportunity to the petitioner to contest the case and/or opportunity to discharge the burden, as required of her, under Section 9 of the Foreigners Act, 1946. It is stated that no notice, whatsoever, was served upon the petitioner.;


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