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2020 DIGILAW 495 (GAU)

Abdul Rasid @ Rasid Ali v. Union Of India

2020-05-18

PARTHIVJYOTI SAIKIA, SUMAN SHYAM

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JUDGMENT Suman Shyam, J. - Heard Mr. N. Ahmed, learned counsel for the petitioner. We have also heard Mr. A. Kalita, learned Standing Counsel, Foreigners Tribunal and Border Police as well as Ms. G. Hazarika, learned CGC appearing for the Union of India and the NRC Coordinator and Ms. B. Das, learned counsel representing the Election Commission of India. 2. This writ petition has been preferred against the ex-parte order dated 17/04/2019 passed by the learned Member, Foreigners Tribunal No. 3, Kamrup (M) at Guwahati, declaring the petitioner to be a foreigner. 3. Mr. Ahmed submits that notice in this case was served upon the petitioner's father but at that time, the petitioner was away from his home in connection with his employment, as a result of which he could not appear before the learned Tribunal. The petitioner had also suffered from certain serious ailments which had also prevented him from appearing before the Tribunal. Referring to the documents brought on record, Mr. Ahmed submits that the petitioner has sufficient materials to establish his citizenship and, therefore, he be given one opportunity to establish his case. 4. Mr. Kalita submits that since it is an ex-parte order, the petitioner be directed to approach the learned Tribunal with a prayer to set aside the ex-parte order by stating the above reasons. 5. Having heard the learned counsel for the parties, we dispose of the writ petition by granting leave to the petitioner to approach the learned Tribunal with a prayer to set aside the ex-parte order by furnishing sufficient explanation and also producing medical documents to show his illness during the relevant period of time. 6. If such an application is filed by the petitioner, the same may be considered on merit and disposed of by a reasoned order. 7. With the above observation, the writ petition stands disposed of.