WP(C)/6894/2023 of MD SIDDIQUE ALI @ SIDDIQUE ALI Vs THE UNION OF INDIA AND 5 ORS on 29 September 2026

ORDER

30.09.2026 (K. R. Surana,J) Heard Mr. S. H. Sikdar, learned counsel appearing on behalf of Mr. A. R. Sikdar, learned counsel for the petitioner. Also heard Mr. Ashim Kr. Choudhury, learned CGC, Mr. N. Kalita, learned counsel appearing on behalf of Mr. A. I. Ali, learned Standing Counsel for the ECI, Mr. G. Sarma, learned Standing Counsel for the FT and Border matters, and Mr. P. Sarmah, learned Additional Senior Govt. Advocate for the State.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the ex parte opinion dated 16.08.2018, passed by the learned Member, Foreigner’s Tribunal, Baksa, Tamulpur, Assam, in F.T. Case No. 711/Baksa/2016, arising out of S.P.(B) Nalbari Reference IM(D)T Case No. 2082/2003, by which the petitioner was declared as an illegal migrant.

3. Pursuant to the order passed on 01.12.2023, the records of the Tribunal have been received.

4. On perusal of the records, it appears from the process server’s report dated 21.07.2018, that on receipt of the notice, the concerned head constable of the Border Branch of Barama Police Station had gone to the village Bherbheri and the petitioner could not be found despite asking the villagers about him. Accordingly, the summons was pasted on a tree near the Masjid of the said village.

5. The manner of service is not found in accordance with the provisions of paragraph-3(5)(f) of the Foreigners (Tribunals) Order, 1964.

6. The learned Standing Counsel for the FT and Border matters has submitted that as the petitioner was not found at the given address, service could not be effected and therefore, he has supported the manner in which service of notice was made.

7. However, as the manner of service is not in accordance with paragraph 3(5)(f) of the Foreigners (Tribunals) Order, 1964, the resultant opinion is found to be vitiated. Accordingly, the Court is inclined to set aside the impugned ex parte opinion 16.08.2018, passed by the learned Member, Foreigner’s Tribunal, Baksa, Tamulpur, Assam in F.T. Case No. 711/Baksa/2016, arising out of S.P. (B) Nalbari Reference IM(D)T Case No. 2082/2003.

8. However, the matter is remanded back to the said learned Tribunal for a fresh opinion by allowing the petitioner to file his written statement and to adduce evidence in support of his defence.

9. The petitioner namely, Md. Siddique Ali @ Siddique Ali, who is duly represented by his learned counsel, shall appear before the learned Foreigners Tribunal, Baksa, Tamulpur within the outer time limit of 23.11.2026 along with the certified copy of this order without requirement to serve any notice for appearance, and shall also file his written statement together with all the documents on which he intends to rely on.

10. Thereafter, the learned Tribunal shall give an opportunity to the petitioner to file his evidence and perused witnesses.

11. The learned Tribunal shall make an endeavour to dispose of the proceedings within time limit as prescribed under paragraph 17(14) of the Immigration and Foreigners Order, 2025.

12. It is further provided that on the date of appearance of the petitioner, he shall be ready and willing to take bail of Rs. 5000/- (Rupees Five Thousand only) on such conditions as may be deemed fit and proper by the learned Tribunal. It is provided that the bail so granted by the learned Tribunal shall be valid for a period of 30 (thirty) days from the date of the opinion that may be passed by the said learned Tribunal.

13. Registry shall send back the Tribunals records expeditiously.

14. It is also provided that in the event the petitioner fails to appear before the learned Tribunal within the time allowed, it would be open to the said learned Tribunal to pass an appropriate order in accordance with law.

15. The writ petition stands allowed to the extent as indicated above.

16. There shall be no order as to cost.

JUDGE JUDGE Comparing Assistant