AZMAT ALI @ AMZAD ALI Vs. UNION OF INDIA
HIGH COURT OF GAUHATI
Azmat Ali @ Amzad Ali
UNION OF INDIA
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Arup Kumar Goswami, J. -
(1.) Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Ms. G. Sarma, learned Central Government counsel, appearing for the respondent No.1, Mr. J. Payeng, learned special standing counsel, Foreigners Tribunal, appearing for the respondent Nos.2, 5, 6 & 7, Mr. A.I. Ali, learned standing counsel, Election Commission of India, appearing for the respondent No.3 and Ms. A. Verma, learned standing counsel, NRC, appearing for the respondent No.4.
(2.) Challenge in this writ petition is to an order dated 28.03.2017 passed by the learned Foreigners Tribunal (5th), Darrang at Mangaldai in F.T. (V) Case No.1537/2016, whereby the petitioner was declared to be an illegal migrant of post-1971 stream and thus, liable to be pushed back.
(3.) A perusal of the order goes to show that notice being served upon the petitioner, the petitioner appeared before the learned Tribunal on 22.09.2016 and prayed for time to file written statement. On two subsequent dates, i.e. 25.11.2016 and 26.12.2016, the petitioner was present and had prayed for time, which was allowed. The case was, thereafter, fixed on 19.01.2017. The petitioner did not appear on that day and on the following dates, namely, 16.02.2017, 03.03.2017, 20.03.2017 and 23.03.2017. In such circumstances, the learned Tribunal had held that sufficient opportunities were granted to the petitioner, which he did not avail of.;
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