WP(C) 2235/2009 BEFORE HON’BLE MR JUSTICE U B SAHA Heard Mr. PC Dey, learned counsel for the petitioner as well as Mr. G So ren, learned Govt. Advocate appearing for the respondent Nos. 2, 3 & 4. None app ears for the Union of India. The instant application is filed by the petitioner for quashing the ex-p arte order dated 05.02.2008 passed in FT Case No. 16/2006 by the Foreigners Trib unal, Nagaon whereby and whereunder the Tribunal decided, inter alia, that the p etitioner along with his wife are foreigners and in view of the aforesaid order the Superintendent of Police, (B) Nagaon the respondent No. 4 in exercise of hi s power conferred by clauses (a), (c) and (cc) of sub-section (2) of Section 3 o f the Foreign Act, 1946 read with Govt. of India, Ministry of Home Affairs, Noti ce No. 1.7.61 F. III dated 22nd March, 1961 and No 1/32/61 (III) F. dated the 1 5th March 1962 asked the petitioner to leave India within a period of seven days from the date of order through Mohisashan P.P.C.P vide order dated 28.07.2008. Mr. Dey, learned counsel for the petitioner contended that the impugned order has been passed without providing an opportunity to the petitioner to addu ce any evidence before the Tribunal. More so, the said order was passed ex-parte in his absence and from the order itself it is not evident how the Tribunal cam e to the conclusion that the petitioner entered into India after 25.03.1971. He also contended that the father of the petitioner Late Lal Mohan Ch. Burman enter ed into Assam from East Pakistan, now Bangladesh, in the year 1955 along with hi s wife Late Jamini Burman, i.e. mother of the petitioner while the petitioner wa s of 5-6 years and since the petitioner is living at Vill- Chakitop within Nagao n district. Therefore, the question of coming from Bangladesh after 25.03.1971 d oes not arise at all. He also contended that the instant case is fully covered b y a decision of this Court dated 14.11.2007 in WP (C) 5788/2007. On the other hand, Mr. G Soren, learned Govt. Advocate submits that it w ould be proper for this Court to remand the matter back to the learned Foreigner s Tribunal, so that the matter can be decided afresh providing opportunity to th e petitioner for adducing evidence. Having considered the materials on record and also the submissions made by the learned counsel for the parties, this Court is of the opinion that it wou ld meet justice if the impugned ex-parte order dated 05.02.2008 and the quit Ind ia notice issued by the Superintendent of Police (B) Nagaon respondent No. 4 dat ed 28.04.2008 (annexure C and D respectively) are interfered with and the petiti oner is permitted to adduce evidence before the learned Foreigners Tribunal to d emonstrate his status. Accordingly, the writ petition is disposed of by setting aside the orders dated 05.02.2008 & 28.07.2008 and remanding the matter back to the learned Foreigners Tribunal, Nagaon to decide the matter afresh providing op portunity to the petitioner for adducing evidence in support of his case. The pe titioner is also directed to appear before the Tribunal on 26.06.2009. On such a ppearance being made, the petitioner will be permitted to adduce evidence and th ereafter denevo adjudication shall be made on the status of the petitioner. Duri ng the pendency of the denevo adjudication the petitioner shall not be subjected to any coercive manner. The respondents are directed not to harass a true citiz en of the country until and unless it is proved that he is a foreigner. With the aforesaid order the instant writ petition is disposed of.