WP(C) 4432/2017

BEFORE
HON’BLE MR. JUSTICE UJJAL BHUYAN
HON’BLE MR. JUSTICE PARAN KUMAR PHUKAN
(Ujjal Bhuyan, J.)

Heard Mr. A. Matin, learned counsel for the petitioner and Ms. D. Das Ba
rman, learned Govt. Advocate, Assam.
By filing this petition under Article 226 of the Constitution of India, petition
er seeks quashing of order dated 13.07.2017 passed by the Foreigners Tribunal No
.10, Barpeta rejecting his petition seeking correction of the name of his father
and fixing 28.07.2017 for ex parte order.
It is seen that in connection with FT Case No.166/2017, Foreigners Tribunal No.1
0, Barpeta (Tribunal) had issued notice to the petitioner to show-cause as to wh
y he should not be declared to be a foreigner as per reference made by the Super
intendent of Police (Border), Barpeta. Petitioner filed a petition before the Tr
ibunal on 13.07.2017 saying that his father’s name is Saka Shikdar and not Jongs
her as mentioned in the notice by the Tribunal. Therefore, prayer was made to co
rrect the name of his father.
Tribunal noted that similar petition was filed earlier by the petitioner which w
as ultimately not pressed. Instead of filing written statement, petitioner again
filed an identical petition on 13.07.2017. Taking the view that Tribunal is not
an investigating agency to enquire into the claim made by the petitioner, petit
ion filed by the petitioner was dismissed vide impugned order dated 13.07.2017 f
ixing 28.07.2017 for ex parte order.
While we agree with the view taken by the Tribunal, we, however, feel that petit
ioner may be granted an opportunity to file written statement and to adduce evid
ence. If petitioner has any grievance relating to the name of his father, he can
take up such point in the written statement along with other grounds that may b
e available to the petitioner in law.
Consequently, that part of the order dated 13.07.2017 fixing 28.07.2017 for ex p
arte order is set aside.
To enable the petitioner to file written statement, we direct that petitioner sh
all appear before the Tribunal in connection with FT Case No.166/2017 on 21.08.2
017 at 10.30 am along with his written statement whereafter Tribunal shall proce
ed with the reference in accordance with law. It is made clear that in the event
of default on the part of the petitioner, Tribunal would be at liberty to pass
such order(s) as may be deemed fit and proper.
Before parting with the record, we make it clear that we have not expressed any
opinion on merit.
Writ petition is disposed of.
Registry shall inform the concerned Foreigners Tribunal, Superintendent of Polic
e (B) and Deputy Commissioner for taking necessary consequential steps.