Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Foreigner’s (Tribunal) Order 1964: Para 3(5)(f) and 3A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Foreigner’s (tribunal) Order 1964 (0 of 1964) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Foreigner’s (Tribunal) Order 1964: Para 3(5)(f) and 3A – Illegal Migrant – In the instant case, Superintendent of Police made a reference before Foreigner’s Tribunal alleging that the appellant is an illegal migrant who entered into India without valid documents from Bangladesh after 24 March 1971 – Record indicated that notice to the appellant was served “by hanging”at his temporary address in the district Sivasagar – Foreigner’s Tribunal declared appellant to be a foreigner who had illegally entered into India – Appellant filed writ petition before High Court which was dismissed on the ground that notice was properly served under Para 3(5)(f) of Order 1964 – High Court also held that the burden to prove his citizenship lies on the appellant since the facts were within his knowledge and by neglecting to pursue the proceedings, appellant failed to discharge the burden – On appeal, held: Tribunal was apprised of the fact that the permanent place of residence of the appellant was in district Dhubri in Assam – However, notice was served at his temporary address in the district Sivasagar – No effort was made to effect service at the permanent place of residence – Para 3(5)(f) of Order 1964 is not attracted in the facts as there was no change of place of work or residence of appellant – It was within knowledge of the investigating officer that the appellant had a permanent place of residence at Assam – Para 3A which provides time limit for setting aside ex-parte order also has no applicability as service was not properly effected – Judgment of High Court is set aside – Case restored to the Foreigner’s Tribunal, Jorhat, Assam. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 205 |
Petitioner | Md Misher Ali @ Meser Ali |
Respondent | The Union Of India And Others |
SCR | [2021] 12 S.C.R. 365 |
Judgement Date | 2021-03-24 |
Case Number | 1058 |
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