JAHIRUDDIN ALI SEKH Vs. UNION OF INDIA AND 4 ORS
HIGH COURT OF GAUHATI
Jahiruddin Ali Sekh
Union Of India And 4 Ors
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Manojit Bhuyan, J. -
(1.) Heard Mr. A.A.R. Karim, learned counsel for the petitioner as well as Ms. G. Sarmah, learned counsel for respondent no.1; Mr. J.Payeng, learned counsel for respondent nos. 2, 4 & 5 and Ms. A. Verma, learned counsel for respondent no.3. Petitioner assails ex parte order dated 18.11.2011 passed by the Foreigners' Tribunal, Jorhat in Case No. J.F.T. 2756/06, declaring the petitioner to be a foreigner, who illegally entered into the territory of India without any valid document after 25.03.1971.
(2.) Mr. Karim 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 under Section 9 of the Foreigners' Act 1946. It is stated that no notice whatsoever was served upon the petitioner.
(3.) To test the arguments so advanced, we have perused the materials available on record. From the Service Report dated 04.08.2011, at page 39 of the writ petition, it is seen that steps on the petitioner was taken in the substituted manner. However, the Report discloses that as the petitioner was not to be found in the address mentioned, therefore, copy of the notice was affixed/hanged (Lotkaijari) at a public place.;
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