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Judgment
Manojit Bhuyan, J
Heard Mr. B.P. Sinha, learned counsel for the petitioners as well as Ms. G. Sarmah, leaner counsel for respondent no. 1; Mr. A. I. Ali, learned counsel for respondent no. 2; Mr. J. Payeng, learned counsel for respondent nos. 3, 5, 6 and 7 and Ms. A. Verma, learned counsel for respondent no. 4.
Petitioners assail ex parte order dated 01.09.2017 passed by the Foreigners' Tribunal 6th, Silchar in FT 6th Case No. 419/15, declaring them to be illegal migrants/foreigners. Challenge is also made to the order dated 09.07.2018 passed in Misc. Case No. 28/17 and Misc. Case No. 35/18 against the ex parte order.
Mr. Sinha submits that the order of the Tribunal was passed without granting opportunity to the petitioners to contest the case and/or opportunity to discharge the burden as required under Section 9 of the Foreigners Act 1946.
To test the arguments so advanced, we have perused the materials available on record. It is seen from the opinion/order dated 01.09.2017 that the petitioners appeared and prayed for time for filing written statement. On the next three dates also prayer for time to file written statement were allowed by the Tribunal. However, the petitioners remained absent on 24.02.2017 and 15.03.2017 without steps. In such a situation an adverse view was taken by the Tribunal and the impugned order/opinion dated 01.09.2017 was rendered.
On behalf of the petitioners, Mr. Sinha submits that they could not appear before the Tribunal on the next two dates for valid reasons as they were pre-occupied in searching relevant documents for filing an effective written statement.
We have heard the learned counsels for the parties and have also perused the materials on record. On behalf of the petitioners it is stated that despite best efforts they could not appear and file written statement on the dates fixed by the Tribunal. Further, that the petitioners have a good case on merits and, given one more opportunity, they can successfully disprove that they are not foreigners or illegal migrants.
On the facts above and for the ends of justice we set aside the impugned order dated 01.09.2017, with direction to the petitioners to appear before the Foreigners' Tribunal 6th, Silchar, on 09.01.2019, on which date they shall file their written statement without fail. No fresh notice is required to be issued by the Tribunal, either for their appearance or for filing written statement. The Tribunal shall proceed accordingly and conclude the proceeding within 60 (sixty) days from 09.01.2019. We make it clear that if the petitioners defaults in appearing before the Tribunal and to file written statement on 09.01.2019 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.
To the extent above, the writ petition stands allowed.