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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 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 Tribunal, Assam on 24th 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]

New Delhi, September 19, 2016

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