WP(C) 5229/2009 BEFORE HON’BLE MR. JUSTICE B D AGARWAL Heard Sri A R Sikdar, learned counsel for the petitioner as well as M Bh agabati, learned CGC appearing on behalf of the Union of India. Also heard Sri P Roy, learned Additional Senior Government Counsel, appearing on behalf of the S tate respondents. The petitioner is challenging the order dated 15.09.2009, passed by the learned Member, Foreigners Tribunal-1, Barpeta, in FT Case No. 133 of 2007 (B), declaring the petitioner as Post 25.03.1971 Foreigner. Sri Sikdar, learned counsel submitted though written statement was filed the petitioner could not give evidence in support of her nationality since she was suffering from illness. For the interest of justice, the petitioner may be given another opportunity of giving evidence in her defence. For this limited purpose, the impugned Judgment is set aside. Th e learned Tribunal is directed to pass a fresh Judgment within a period of 6 (si x) months from the date of receipt of a certified copy of this order. However, i t is made clear that till the case is decided, the petitioner shall remain in ju dicial custody. The petitioner shall be produced before the Tribunal on 24th of November 2011. With the aforesaid directions, this writ petition stands disposed of. Return the LCRs forthwith.