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Judgment
AM Bujor Barua, J
Heard Mr. B.U. Laskar, learned counsel for the petitioner. Also heard Mr. AI Ali, learned counsel for the Election Commission of India and Mr. J. Payeng, learned counsel for the State of Assam appearing for the Foreigners' Tribunal and Border Areas, Ms. A Verma, learned standing counsel for the authorities under the NRC as well as Ms. G Sarma, learned counsel for the authorities under the Union of India.
On being referred by the Superintendent of Police (B), Jorhat, JFT Case No. 119/2009 was registered against the Foreigners Tribunal, Jorhat.
The petitioner entered appearance on 29.09.2018, seeking an adjournment for filing a written statement, but thereafter, remained absent without any acceptable reason and in the resultant situation, by the ex-parte order dated 26.11.2018, the petitioner declared to be a foreigner.
Being aggrieved, the present petition is preferred.
By referring to the annexure 'c' medical report of Silchar Medical College and Hospital as well as that of Gauhati Medical College and Hospital, it is contended that at the relevant point of time, the petitioner was suffering from kidney disease as well as chronic cystitis since long. It is stated that because of kidney disease, the petitioner could not further appear before the Tribunal.
The reason shown for remaining absent is accepted. Accordingly, the order dated 26.11.2018 of the Foreigners Tribunal, Jorhat in JFT Case No. 119/2009 is set aside.
The petitioner shall appear before the Tribunal on 20.03.2019 along with a copy of the writ petition be filed and upon such appearance, the Tribunal shall give a final consideration within a period of 60 days therefrom.
In the event, the petitioner does not appear or fails to cooperate, the Tribunal further shall be at liberty to pass any order under the law.
In terms of the above, the writ petition stands allowed to the extent indicated above.