KAMAKHYA DAS AND ANR Vs. UNION OF INDIA AND 6 ORS
LAWS(GAU)-2018-12-81
HIGH COURT OF GAUHATI
Decided on December 21,2018

Kamakhya Das And Anr Appellant
VERSUS
Union Of India And 6 Ors Respondents

JUDGEMENT

Manojit Bhuyan, J. - (1.) Heard Mr. B.P. Sinha, learned counsel for the petitioners as well as Ms. G. Sarmah, leaner counsel for respondent no. 1; Mr. A. I. Ali, learned counsel for respondent no. 2; Mr. J. Payeng, learned counsel for respondent nos. 3, 5, 6 and 7 and Ms. A. Verma, learned counsel Petitioners assail ex parte order dated 01.09.2017 passed by the Foreigners' Tribunal 6th, Silchar in FT 6th Case No. 419/15, declaring them to be illegal migrants/foreigners. Challenge is also made to the order dated 09.07.2018 passed in Misc. Case No. 28/17 and Misc. Case No. 35/18 against the ex parte order.
(2.) Mr. Sinha submits that the order of the Tribunal was passed without granting opportunity to the petitioners to contest the case and/or opportunity to discharge the burden as required under Section 9 of the Foreigners Act 1946.
(3.) To test the arguments so advanced, we have perused the materials available on record. It is seen from the opinion/order dated 01.09.2017 that the petitioners appeared and prayed for time for filing written statement. On the next three dates also prayer for time to file written statement were allowed by the Tribunal. However, the petitioners remained absent on 24.02.2017 and 15.03.2017 without steps. In such a situation an adverse view was taken by the Tribunal and the impugned order/opinion dated 01.09.2017 was rendered.;


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