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Judgment
M.R.Pathak, J.
Heard Mr. M. J. Quadir, learned counsel for the petitioner and Ms. G. Sarma, learned CGC for the respondent No.1. Also heard Mr. U. K. Nair,
learned Senior Standing counsel assisted by Mr. J. Payeng, learned Special Standing counsel for the respondent Nos. 2 to 4.
In this writ petition, the challenge is to the judgment and order dated 28.07.2016, passed by the learned Member, Foreigners Tribunal, Nagaon Court
No. 7th at Lanka, Hojai in F.T./L/Case No. 240/2015 declaring the petitioner as a foreigner under Section 2(a) of the Foreigners Act, 1946, who was
held to have illegally entered into the territory of India (Assam) after 25.03.1971 without any valid document.
It is contended by the petitioner that the impugned judgment and order dated 28.07.2016 of the learned Tribunal curtailed his personal liberty and it
suffers from illegality and arbitrariness and as such, the same needs to be set aside and quashed.
While issuing notice to the respondents on 04.10.2016, this Court called for the records from the Tribunal and in the interim, observed that the
petitioner shall not be taken into custody and deported from India and further, he was allowed to remain on bail to the satisfaction of the
Superintendent of Police (B), Hojai.
We have perused the records of the Tribunal.
It is seen that on receipt of the reference from the Superintendent of Police (Border), Nagaon, Case No. F.T./H/2563/2012 was registered against
the petitioner before the Foreigners Tribunal, Hojai, Sankardev Nagar. The petitioner on receipt of the notice of the case, appeared before the said
Tribunal on 16.06.2015 and filed his written statement without documents and the learned Tribunal fixed the matter on 23.07.2015 for evidence of the
petitioner.
On 23.07.2015, the petitioner filed his Evidence-on-Affidavit and after his examination, he was discharged and the Tribunal closed the evidence in
the case, fixing 04.08.2015 for argument. The said Tribunal on 04.08.2015 heard the argument and fixed 25.08.2015 for Judgment of the case.
From the records of the case, it is observed that prior to the delivery of the judgment in the case that was fixed on 25.08.2015, the case record was
put up before the said Tribunal on 20.08.2015 and finding that the said case had arisen out of Murajhar Police Station, the Foreigners Tribunal, Hojai,
Sankardev Nagar transferred the said case to the Foreigners Tribunal, Lanka for disposal.
On receipt of the said case record, it was case registered and renumbered as FT/L/240/2015 before the Foreigners Tribunal, Nagaon Court No. 7th
at Lanka and on 15.10.2015, finding that the said matter was in judgment stage before the previous tribunal, the Foreigners Tribunal, Nagaon Court
No. 7th Lanka issued fresh notice of FT/L/240/2015 to the petitioner fixing 03.11.2015 for Judgment.
On 03.11.2015, as the Judgment of the case was not ready, said Tribunal adjourned the matter on that day and fixed the same on 29.12.2015. But
the case record reflects that on 29.12.2015, it was not put up and the said case came up before the said Tribunal only on 28.07.2016, the date on
which the learned Tribunal passed the impugned Judgment and Order.
This Court in the case of Sri Dinesh Chandra Bhowmik @ Dinesh Bhowmik @ Dinesh Chandra Baishya -Vs- Union of India, WP(C) No.
5307/2018, decided on 10.08.2018, relying upon the judgment of the Hon’ble Supreme Court in the case of Gullapalli Nageswar Rao and Others -
Vs- Andhra Pradesh Road Transport Corporation and Another, reported in AIR 1959 SC 308, had held that personal hearing enables the authority
concerned to clear-up his doubts during the course of the arguments and the party appearing to persuade the authority by reasoned argument to
accept his point of view and that if one person hears and another decides, then personal hearing becomes an empty formality.
From the above, it is evident that the Member, Foreigners Tribunal, Nagaon Court No. 7th Lanka, Hojai passed the impugned order without
hearing the arguments of the counsel for the petitioner. The approach of the learned Tribunal, therefore, is illegal and wrong since it is in violation
against the doctrine of principles of natural justice.
For the reasons above, we set aside the impugned judgment and order dated 28.07.2016 passed by the Member, Foreigners Tribunal, Nagaon
Court No. 7th Lanka, Hojai in Case No. FT/L/240/2015 and the matter is remitted back to the Tribunal to decide the case in accordance with law
after affording opportunity of hearing to the parties.
The petitioner will appear before the Tribunal on 14.11.2018. It is made clear that no further notice shall be issued to the petitioner to appear
before the Tribunal. The Tribunal is directed to conclude the proceeding of said Case No. FT/L/240/2015 as expeditiously as possible.
The bail bond of the petitioner stands discharged.
Registry shall return the records of Case No. FT/L/240/2015 to the Foreigners Tribunal, Nagaon Court No. 7th Lanka, Hojai forthwith along with
a copy of this order.
With the above observations and directions, the writ petition stands allowed.