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2019 DIGILAW 405 (GAU)

Trinath Ghosh v. Union Of India

2019-04-02

MANISH CHOUDHURY, MANOJIT BHUYAN

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JUDGMENT : Manojit Bhuyan, J. Heard Mr. B.J. Mukherjee, learned counsel for the petitioner as well as Mr. U.K. Nair, learned senior counsel for respondent nos. 2 to 4. None to represent respondent no.1. 2. Petitioner assails order dated 24.01.2017 passed by the Foreigners Tribunal No.1, Bongaigaon in respect of BNGN/FT/Case No.2170/2008, declaring him to be a foreigner, who illegally entered into India in between 01.01.1966 to 25.03.1971. 3. At the outset we may note that while issuing notice in the case on 17.03.2017, this Court left it open to the petitioner to get himself registered as a foreigner belonging to 01.01.1966 to 25.03.1971 stream before the competent Foreigners Regional Registration Officer (FRRO). We are informed today that in pursuance of the said order the petitioner have registered himself before the FRRO, Bongaigaon. 4. Turning to the case in hand the records in original reveals that the Investigating Officer during enquiry found the petitioner to be an illegal migrant who entered into India after 25.03.1971. The finding of the Investigating Officer found approval of the concerned Superintendent of Police and the case was referred/forwarded to the Tribunal for determination of the nationality of the petitioner. 5. Despite reference made suspecting the petitioner to be a foreigner, illegally entering into India after 25.03.1971, the Tribunal declared that the petitioner is a foreigner having illegally entered India in between 1966 to 1971. In our considered opinion the Tribunal exceeded jurisdiction while rendering opinion, in that, findings and declaration ought to have been confined strictly having regard to the terms of reference. 6. The petitioner submits that for the fact that his father Shri Chand Mohan Ghosh is an Indian citizen, who came to India way back in the year 1956 and which fact finds support from the Certificate of Registration dated 25.10.1956 (Exhibit-A), the Tribunal could not have declared the petitioner to be a foreigner entering into India in between 1966 to 1971. It is stated that on this ground alone the matter requires to be reconsidered by the Tribunal. 7. We have heard the learned counsels for the parties and have also perused the case records in original. We are of the opinion that having regard to the terms of reference, the matter requires to be re-heard by the Tribunal for giving a clear opinion as to whether the petitioner is an Indian citizen or a foreigner of post 1971 stream. We are of the opinion that having regard to the terms of reference, the matter requires to be re-heard by the Tribunal for giving a clear opinion as to whether the petitioner is an Indian citizen or a foreigner of post 1971 stream. In this view of the matter we set aside the order dated 24.01.2017, with a direction to the petitioner to appear before the Foreigner Tribunal No.1, Bongaigaon on 25.04.2019 at 10:30 A.M. for receiving further instructions from the Tribunal. It is made clear that the proceedings before the Tribunal be concluded within a period of 60 (sixty) days from 25.04.2019. No fresh notice is required to be issued by the Tribunal for his appearance. We make it clear that fresh consideration, as directed to be done, will be only on the basis of evidence already on record. If the petitioner defaults in appearing before the Tribunal on 25.04.2019 and/or defaults in participating in the proceeding on the dates to be fixed in the case, it shall be open to the Tribunal to pass such order or orders as may be deemed fit and proper and in accordance with law. 8. As interference has been caused to the order of the Tribunal dated 24.01.2017, the registration of the petitioners name before the FRRO, Bongaigaon shall now stand as null and void. 9. The writ petition stands accordingly disposed of. Registry to send a copy of this order to the Foreigners Regional Registration Officer, Bongaigaon. Registry to also send back the case records to the Tribunal forthwith.