AJBAHAR ALI Vs. UNION OF INDIA
LAWS(GAU)-2018-7-85
HIGH COURT OF GAUHATI
Decided on July 25,2018

Ajbahar Ali Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

A.K. Goswami, J. - (1.) Heard Mr. H.R.A. Choudhury, learned senior counsel for the petitioner. Also heard Ms. G. Sarma, learned Central Government counsel, appearing for the respondent No.1 and Mr. U.K. Nair, learned senior special counsel, Foreigners Tribunal, appearing for the respondent Nos.2, 3, 4 & 5.
(2.) Challenge in this writ petition is to an order dated 03.02.2012 passed by the learned Member, Foreigners Tribunal No.1, Goalpara in F.T. Case No.1415/G/06, whereby the petitioner was held to be an illegal migrant of post-1971 stream.
(3.) Pursuant to service of notice of the proceeding, the petitioner had entered appearance and had filed his written statement. Perusal of the order goes to show that the case was fixed for evidence of the petitioner on 23.04.2010, 07.07.2010, 13.10.2010, 28.12.2010, 23.02.2011, 18.04.2011, 04.06.2011, 13.07.2011, 17.08.2011 and 22.09.2011. However, the petitioner remained absent. The learned Tribunal, despite the absence of the petitioner on all these dates, directed personal attendance of the petitioner on 04.11.2011, failing which it was indicated that the case would be proceeded ex parte. The petitioner responded to the said notice and appeared on 04.11.2011 and prayed for adjournment for adducing evidence. While granting the adjournment and fixing the case on 12.01.2012, it was indicated that no further time will be given. Once again a prayer for adjournment was made on 12.01.2012 for producing evidence. The petition was rejected.;


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