Page No.# 1/6 GAHC010069212026 2026:GAU-AS:5238-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2008/2026 SAHJAMAL SARDAR S/O- LATE HASEN SARDAR, VILL- BARJHAR BAGICHA, P.O.- BHAKATPARA, P.S.- KALAIGAON, DIST- UDAKLGURI (BTR), ASSAM, INDIA, PIN- 784190 VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, NEW DELHI- 110001 2:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI- 06 3:THE ELECTION COMMISSION OF INDIA NEW DELHI PIN- 110001 4:THE DISTRICT COMMISSIONER DARRANG DISTRICT- DARRANG ASSAM PIN- 788125 5:THE STATE CO-ORDINATOR NATIONAL REGISTER OF CITIZENS (NRC) BHANGAGARH PIN- 781032 Page No.# 2/6 6:THE SUPERINTENDENT OF POLICE (B) DARRANG DISTRICT- DARRANG ASSAM PIN- 78812 Advocate for the Petitioner : MR H R A CHOUDHURY, J M SULAIMAN Advocate for the Respondent : DY.S.G.I., SC, ECI,GA, ASSAM,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 07.04.2026 (K.R. Surana, J) Heard Mr. J.M. Sulaiman, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned CGC; Mr. J. Payeng, learned standing counsel for the FT matters and NRC; Ms. S. Katakey, learned standing counsel for the ECI; and Ms. R.B. Bora, learned Junior Govt. Advocate for the State respondent. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the impugned ex parte opinion dated 12.12.2025, passed by the learned Member, Foreigners’ Tribunal (1st), Mangaldai, Darrang, in FT Case No. 1399/2012, arising out of Ref. Case No. 26/12, by which the petitioner was declared as an illegal migrant. 3. The learned counsel for the petitioner, by referring to the statement made in this writ petition, has submitted that the petitioner was served with the notice of appearance only on 12.06.2025 and had appeared and filed his written statement in the month of August 2025 and thereafter, filed his evidence-on- Page No.# 3/6 affidavit on or about 22.09.2025 and he had also filed evidence-on-affidavit for DW-2 on the same date. It is submitted that subsequently there was a default in appearing before the learned Tribunal, and the learned counsel engaged also could not take steps on time. As a result, the ex parte opinion was passed by the learned Tribunal on 12.12.2025. It is also submitted that the petitioner was intermittently ill, for which he could not take steps. Accordingly, it is also submitted that the petitioner be granted one last opportunity to produce his witnesses for cross-examination. 4. The learned Standing Counsel for the FT and Border matters has opposed the prayer made in the writ petition on the ground that the reference case was registered in the year 2012 and that the notice of the proceeding could only be served on 12.06.2025. It is submitted that as the petitioner indulged in dilatory tactics, the learned Tribunal had rightly passed the ex parte opinion in view of the provisions of Order 3 (14) of the Foreigners (Tribunals) Order, 1964, which provides that the proceedings should be disposed of within a period of 60 days from the date of receipt of reference. 5. We find force in the submission made by the learned Standing Counsel for the FT and Border matters. It also cannot be disputed that the petitioner had taken adjournments on a few occasions and that he was also not represented before the learned Tribunal on all the dates. 6. The written statement appears to have been filed after the learned Tribunal gave a last opportunity for filing the written statement, and the written statement was filed on 14.08.2025. The next date was fixed on 27.08.2025 for evidence. On 27.08.2025, the learned counsel for the petitioner prayed for Page No.# 4/6 adjournment, and the matter was deferred to 10.09.2025. Again on the said date, the learned counsel for the petitioner prayed for adjournment, which was allowed, and the next date was fixed on 22.09.2025 as a last chance. On 22.09.2025, the petitioner had filed evidence-on-affidavit of DW-1 and DW-2, where certain documents were marked as exhibits and certain documents were marked as annexures and on the petition being filed on 13.10.2025, the prayer of the petitioner was allowed to submit an additional affidavit and the next date was fixed on 10.11.2025 for filing the additional affidavit, for cross-examination, and for argument as a last and final chance. 7. However, on 10.11.2025, the petitioner was again absent, and his learned counsel prayed for an adjournment which was allowed, and the next date was fixed on 01.12.2025. On 01.12.2025, the petitioner was again absent and the prayer for adjournment was rejected. Thereafter, as the petitioner did not turn up, the case was heard ex parte on 12.12.2025. 8. Be that as it may, as the petitioner had filed evidence-on-affidavit of DW-1 and DW-2, the Court is of the considered opinion that the petitioner be given one last opportunity to appear before the said learned Tribunal and also for filing further evidence-on-affidavit of such other witnesses as may be deemed appropriate. Moreover, the petitioner shall also produce the DW-1 and DW-2 for cross-examination on the date fixed for appearance. 9. To facilitate the presentation of further evidence-on-affidavit and for producing the DW-1 and DW-2 for cross-examination, the impugned ex parte opinion dated 12.12.2025, passed by the learned Member, Foreigners’ Tribunal (1st), Mangaldai, Darrang, in FT Case No. 1399/2012, arising out of Ref. Case Page No.# 5/6 No. 26/12 is conditionally set aside. The conditions are as follows: i. The petitioner shall appear before the learned Member, Foreigners’ Tribunal (1st), Mangaldai, Darrang on 13.05.2026. On such appearance, the petitioner shall produce a certified copy of the order and also file evidence-on-affidavit of such other witnesses as the petitioner may so desire. If no evidence-on-affidavit of other witnesses are filed, the petitioner shall not be entitled to any further opportunity or adjournment for the same and the opportunity shall stand forfeited. ii. The petitioner shall also produce DW-1 and DW-2 for cross- examination on the said date of appearance, i.e. on 13.05.2026. iii. The petitioner shall await for further directions or orders that may be passed by the said learned Tribunal. iv. The Court is further inclined to provide that in the event the petitioner fails to appear on the date fixed, this conditional order shall stand lapsed by efflux of time and would stand recalled and revoked on the expiry of 13.05.2026. Resultantly, the opportunity granted to the petitioner as a last chance would also recall forthwith. In such an event, the impugned ex parte opinion dated 12.12.2025, passed by the learned Member, Foreigners’ Tribunal (1st), Mangaldai, Darrang, in FT Case No. 1399/2012, arising out of Ref. Case No. 26/12 shall stand revived. v. However, in the event the petitioner complies with the directions of Page No.# 6/6 the Court, the learned Tribunal shall hear dispose of the reference within the time permitted under Order 3(14) of the Foreigners (Tribunals) Order, 1964. 10. As this order is being passed on the unique facts and merits of this case, this order shall not be treated as a precedent for any other case. 11. Accordingly, the petition is conditionally allowed to the extent indicated above. 12. No order order as to cost. JUDGE JUDGE Comparing Assistant