Gau HC | Affixing notice at a conspicuous place not a proper mode of service of notice under the Foreigners (Tribunal) Order, 1964  

Gauhati High Court: A Division Bench of Manojit Bhuyan and Kalyan Rai Surana, JJ. allowed a writ petition filed by a person against the order of Foreigners’ Tribunal whereby he was declared a foreigner.

An ex-parte order was passed by the Foreigners’ Tribunal, Jorhat declaring the petitioner to be a foreigner having illegally entered into the territory of India (Assam) without any valid document. Being aggrieved by the said order, the petitioner filed the instant writ petition.

S. Bora learned counsel for the petitioner submitted that he had been deprived of the opportunity to contest the case as no notice whatsoever was served to him.

The Court after perusing the records of Tribunal observed that the notice was supposed to be served to the petitioner in terms of Para 3(5)(g) of the Foreigners (Tribunal) Order, 1964 but since he could not be found hence, a notice was affixed on the notice board of the office of Gaonburah.

It was held that the manner and mode of service of notice was not in proper compliance of the Foreigners (Tribunal) Order. Also, the petitioner was denied an opportunity to contest the case on merits. Thus, the Court set aside the impugned order and directed the petitioner to appear before the Foreigners Tribunal, Jorhat; and granted him an opportunity to contest the case under Section 9 of the Foreigners Act, 1946. [Muzibur Rahman v. Union of India, 2019 SCC OnLine Gau 3767, decided on 06-09-2019]

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