Md. Harun Rashid vs Union Of India .

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 Signature Not Verified thus the delay.

Digitally signed by RASHMI DHYANI Date: 2016.09.28 10:35:56 IST Reason: 1 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

2 ITEM NO.53 COURT NO.10 SECTION XIV

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No.23748/2016

(Arising out of impugned final judgment and order dated 31/05/2016 in WPC No. 3185/2016 passed by the High Court of Gauhati)

MD. HARUN RASHID Petitioner(s)

VERSUS

UNION OF INDIA AND ORS. Respondent(s)

(With appln. (s) for permission to place addl. documents on record and interim relief and office report)

Date : 19/09/2016 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

For Petitioner(s) Mr. Sanjay R. Hedge, Sr. Adv.

Mr. Prabal Pratap Singh Solanki, Adv. Mr. Hitendra Nath Rath, Adv

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The civil appeal is disposed of in terms of the signed non-reportable judgment.

Pending application(s), if any, shall stand disposed of.

(Rashmi Dhyani) (Renu Diwan) SR. P.A. ASSISTANT REGISTRAR

(Signed non-reportable judgment is placed on the file)

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