Shivangi Prakash-
The Gauhati High Court has overturned an ex parte ruling issued by a Foreigners Tribunal declaring a lady a foreigner after she was unable to appear before the Tribunal due to a lack of legal advice.
The division bench comprising Justice N Kotiswar Singh and Justice Soumitra Saikia observed, “We are of the view that citizenship being a very important right of a person should ordinarily be decided on merit rather than by way of default as has happened in the present case and as such, under the circumstances as discussed above, we allow the petitioner to appear before the learned Tribunal again to prove her case that she is a citizen of this country and not a foreigner.”
Sefali Rani Das had appeared before the Foreigners Tribunal after being issued with the notice after the reference was made against her. She also filed written submissions along with supporting papers.
However, she alleged that the Foreigners Tribunal issued an ex parte ruling declaring her a foreigner on September 19, 2017, due to faulty legal advice and her counsel’s failure to appear before the Tribunal.
As a result, the petitioner’s contention was that she had not engaged in deliberate negligence or disdain because she had appeared and filed her written declaration on time.
In light of the foregoing, the court ordered that she appear before the Tribunal again to substantiate her case that she is an Indian citizen and not a foreigner.
“Consequently, the impugned order dated 19.09.2017 passed by the learned Member, Foreigners’ Tribunal 6th, Silchar, Assam in F.T. 6th Case No.404/2015 is set aside. The petitioner will appear before the Foreigners’ Tribunal within a period of 1(one) month from today.”
The plea was disposed of accordingly.
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