MD. HARUN RASHID Vs. UNION OF INDIA AND ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 9338 of 2016, Judgment Date: Sep 19, 2016

                                                              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.

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