Gauhati HC Sets Aside Ex-Parte Foreigner Finding For Now, Gives Matia Detainee One Chance After He Disputes Notice Signature

The petitioner challenged an ex parte opinion dated 04.07.2022 of the Foreigners’ Tribunal, Jorhat, declaring him a foreigner of the post-25.03.1971 stream.

The Tribunal’s record indicated that notice had been personally served and acknowledged by signature, and that the petitioner thereafter failed to appear on several dates.

The petitioner disputed the signature on the acknowledgment, asserted that neither he nor his wife had received notice, and stated that he was illiterate; by the time of the writ petition, he was detained at the Matia Transit Camp/Holding Centre.

He sought an opportunity to contest the reference.

Article 226 of the Constitution empowers the High Court to grant appropriate relief in the interests of justice.

Paragraph 3(5)(a) of the Foreigners (Tribunals) Order, 1964 prescribes the relevant mode of service; paragraphs 3(8) and 3(14) were cited in connection with the Tribunal’s ex parte proceedings and opinion.

The Court also directed the Tribunal to take account of paragraph 3(14) of the 1964 Order and paragraph 17(14) of the Immigration and Foreigners Order, 2025 when proceeding on remand.

The petitioner relied on Savitri Dey @ Swasthi Dey v. Union of India & Ors.; the judgment does not state a separate rule from that authority.

Although the Tribunal’s record reflected service in the prescribed manner, the petitioner specifically challenged the authenticity of the acknowledgment signature and asserted that he could not read or understand the notice.

In view of that dispute and his request to establish his defence, the Court considered that the interests of justice warranted one opportunity to contest the reference.

It expressly made no finding on whether service was valid or whether the Tribunal’s opinion was erroneous, and set aside the opinion solely to allow the petitioner to defend the proceeding.

The petitioner’s family was directed to furnish bail of ₹10,000 with one surety for his release from the holding centre within three days of acceptance of the bond.

The petitioner must appear before the Tribunal by 15.12.2026, without fresh notice, and file his written statement and supporting documents on appearance.

If he defaults, the Tribunal may proceed in accordance with law; the Tribunal was asked, as far as practicable, to dispose of the reference within 60 days of his appearance.

No order as to costs was made.