Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.9338 OF 2016
(Arising out of S.L.P. (Civil) No.23748 of 2016)
MD. HARUN RASHID APPELLANT(S)
VERSUS
UNION OF INDIA AND ORS. RESPONDENT(S)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. On the ground of inordinate delay in approaching the High
Court for quashing of order dated 08.2.2005 passed by the Illegal
Migrants (D) Tribunal, Hojai, declaring the appellant to be an
illegal migrant, the High Court has dismissed the Writ Petition.
3. According to the appellant, he could not avail a fruitful
JUDGMENT
opportunity before the Illegal Migrants(D) Tribunal and therefore
he had produced all the relevant documents before the Illegal
Migrants (D) Appellate Tribunal.
4. Since the Illegal Migrants (Determination by Tribunal)
Act,1983, itself has been struck down by this Court, the
Appellate Tribunal ceased to function. Therefore, the appellant
had to challenge the original order before the High Court, and
thus the delay.
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5. Having regard to the facts and circumstances of the case
mentioned above, we are also of the view, that interest of
justice would be served, in case, the matter is remitted to the
Foreigner's Tribunal, Shankardev Nagar, Hojai, Assam, so as to
have an opportunity for the appellant to prove his case.
6. Accordingly, we set aside the impugned judgment and remand
the matter to the Foreigner's Tribunal, Shankardev Nagar, Assam.
The appellant is permitted to appear before the Foreigner's
th
Tribunal, Assam on 24 October, 2016. He shall also produce all
the relevant documents. The Tribunal shall dispose of the case as
expeditiously as possible. Till orders are passed as above, all
proceedings for arrest and deportation of the appellant, shall be
deferred.
7. The Civil Appeal is disposed of in the aforesaid terms.
8. No costs.
................J.
[KURIAN JOSEPH]
......................J.
[ROHINTON FALI NARIMAN]
JUDGMENT
New Delhi,
September 19, 2016
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