Gauhati HC Sets Aside Foreigners' Tribunal's Ex-Parte Order Declaring A BSF Official & Wife 'Foreigners' [Read Order]

The Gauhati High Court has set aside Foreigners Tribunal's Ex-Parte Order which declared a Border Security Force Official and his wife foreigners.

Muzibur Rahman, an Assistant Sub Inspector (ASI) with the BSF who is posted in Punjab at present, and his wife, were declared 'foreigners' by the Tribunal.

Before the High Court, it was contended on behalf of the BSF official that the Tribunal passed the order without granting opportunity to the petitioner to contest the case and/or opportunity to discharge the burden, as required of him, under Section 9 of the Foreigners Act, 1946. It was further contended that it was only on 01.08.2019, he came to know about the ex parte order when he attended NRC hearing at Golaghat.

Perusing the records of the Tribunal, the bench comprising Justice Manojit Bhuyan and Justice Kalyan Rai Surana noticed that the notice was deemed to have been served on the official in terms of para 3(5)(g) of the Foreigners (Tribunal) Order, 1964. It said:

"Having regard to the manner of service, as above, we are of the considered view that substituted service of notice, as required to be done under 3(5)(g) of the Foreigners (Tribunals) Order, 1964, was not complied with. We are also of the view that the petitioner was denied opportunity of hearing to contest the case on merits. It clearly appears that no notice was served on the petitioner by affixing a copy of the notice pasted in a conspicuous place of his residence, witness by one respectable person of the locality who has given his signature or thumb impression and has agreed to be available and stand as witness with regard to such service of notice."

The bench then set aside the order dated and directed Rahman to appear before the Foreigners' Tribunal, Jorhat on 27.09.2019, at 10.30 AM, on which date he shall also file his written statement. The Tribunal is also directed to proceed accordingly and conclude the proceeding within 60(sixty) days. 

Ex-Army Man Declared Foreigner Earlier

Earlier, Mohammad Sanaullah, a 52 year old man who retired from the Army in 2017 as Honorary Lieutenant [he had served the Indian army for 30 years] was arrested and sent to a detention centre on May 28, five days after a Foreigners Tribunal had declared him a 'Foreigner'. Later, Gauhati High Court, while considering his plea challenging the Tribunal order,  directed his interim release .

Click here to Read/Download Order