Foreigners Tribunal - Notice affixed on the Office of the Gaonburah not valid notice

Gauhati High Court Quashes Foreigners Tribunal Order Due to Improper Notice Service Anowar Hussain's Illegal Migrant Declaration Set Aside; Tribunal Directed to Reassess Case

In a significant ruling, the Gauhati High Court has set aside the opinion of the Foreigners Tribunal No. 7th, Barpeta, which had declared Anowar Hussain as an illegal migrant post-1971. The division bench, comprising Justices Sanjay Kumar Medhi and Susmita Phukan Khaund, found that the service of notice to the petitioner did not conform to the legal requirements outlined in the Foreigners (Tribunals) Order, 1964.

The case, WP(C)/6254 of 2025, was heard on November 12, 2025. The petitioner, represented by Advocate Shri S. Islam, challenged the Tribunal's opinion dated August 28, 2024, on the grounds that the decision was rendered ex parte, without giving him a reasonable opportunity to present his case. The notice of the proceedings, as per the impugned opinion, was affixed at the office of the Gaonburah, which the court found to be non-compliant with the stipulated legal procedure.

Order 3(5)(f) of the Foreigners (Tribunals) Order, 1964, mandates that if a proceedee changes their place of residence or work without informing the authorities, the notice must be affixed on the outer door or a conspicuous part of the house where they ordinarily reside or last resided. The court emphasized that the Gaonburah's office does not meet this requirement, leading to the conclusion that proper legal procedures were not followed.

The court's judgment was based solely on the issue of notice service, not on the merits of the case. It has directed Anowar Hussain to appear before the Tribunal on November 25, 2025, with his written statement. The Tribunal has been instructed to accept this statement and expedite the proceedings in accordance with the law.

Advocates for the respondents, including Shri G. Sarma representing the Home Department and NRC, acknowledged the procedural lapses in serving the notice. The court's decision underscores the necessity for strict adherence to legal protocols in cases involving citizenship and residency status, ensuring fair opportunities for individuals to contest such declarations.

The High Court's order allows Anowar Hussain to provide a certified copy of the judgment along with his written statement to the Tribunal, facilitating the resumption of proceedings. This ruling highlights the judiciary's role in safeguarding procedural fairness and the rights of individuals in legal processes concerning citizenship.

Bottom Line:

Foreigners Tribunal - Service of notice - Notice affixed on the Office of the Gaonburah does not conform to the legal requirements under Order 3 (5) (f) of the Foreigners (Tribunals) Order, 1964 - Interference justified only on the aspect of service of notice without considering inter se merits of the parties.

Statutory provision(s): Foreigners (Tribunals) Order, 1964 Order 3(5)(f), Constitution of India, 1950 Article 226

Anowar Hussain @ Anowar @ Md. Annar Hussain v. Union of India, (Gauhati)(DB) : Law Finder Doc Id # 2807302