Guwahati: The Gahati High Court has canceled the ex-parte command delivered by a foreign court who stated the resident of Silchar at Barak Valley, a stranger after the court found that the court had sent the notification to the wrong address.
Justice bench N Kotiswar Singh and Justice Lalri Nandi passed the order recently while hearing the writing petition submitted by Jinju Das.
He moved the High Court after he was told as a stranger by the court in the 2017 government that he was given several occasions to build his citizenship but he did not appear before the court.
Advice for the Petitioner, K Biswakarma, was submitted before a court that the applicant had never received a notification of foreigners about the court concerned and thus, the orders of the former party were illegal and responsible for being ruled out.
He further handed over that “the applicant has, if not, enough documents and evidence that will show that he is an Indian citizen and not a stranger”.
The court, after justifying the original records requested from the court, found that notification was sent to other people named Sukesh Das.
The name of the Petitioner’s father is a srishna watershta.
It noted that there was no evidence before the court to show that Sukesh Das was related to the Das Jantu.
The two judges ruled out the commandment of the former Parte Tribunal, stating, “We have the view that the notification does not function properly to the applicant and as a consequence, the next trial will also be given illegal.” The court added, “We argue that the applicant can be given another opportunity to appear before the stranger court.
The petition was allowed by setting aside the ex-parte sequence which was revealed on 18.09.2017 was passed by a foreign court, Cachar in Silchar.” The High Court further directed Applicants to appear before foreign trials in Cachar Assam District on or before January 17 next year and submit written statements and relevant documents and also reveal evidence that he is an Indian, not a stranger.
Gahati HC Bins Court Ex-parte Order Supports ‘Foreign Silchar Man’
