WP(C) 3097/2011 BEFORE THE HON’BLE MR. JUSTICE BD AGARWAL Heard Mr. DP Chaliha, learned counsel for the petitioners and Mrs. HM Phukan, le arned Jr. Govt. Advocate for the respondents. As agreed by the learned counsel appearing for both the sides, t his writ petition is being disposed of at the motion stage itself. The petitioners are mother and son and they have been declared post 25.3.1971 illegal migrants vide judgment and order dated 3.6.2011 passed by the learned Member, Foreigners Tribunal (1st), Morigaon in F.T. Case No.354/07. Mr. Chaliha submitted that due to wrong instruction of the learn ed counsel for the petitioners, the petitioners did not adduce oral evidence in the Tribunal and, as such, the impugned judgment has been passed ex-parte. The admitted position is that the petitioners had filed their wr itten statement and also submitted documents of their citizenship in the Tribun al. However, no oral evidence was adduced for the aforesaid reason. As agreed by the learned Govt. Advocate, the matter is remanded back to the Foreigners Tribunal (1st ), Morigaon for a fresh decision within a p eriod of three months from the date of receipt of a copy of this order. The peti tioners shall appear before the Tribunal on 8.8.2011 and receive further directi ons. Until the proceeding is decided by the Tribunal, the petitioners are allowed to go on bail of ‘ 25,000/- each with one local surety of the like amount to the satisfaction of the S.P., Morigaon. Besides this, the petitioners shall appear before the Officer-in-Charge, Jagiroad Police station every two we eks. It is made clear that the matter has been remanded back to give an opportunity to the petitioners to adduce oral evidence. In that eventuality, the State authority shall be given opportunity for cross-examination of the pet itioners and their witnesses and for adducing additional evidence. With the aforesaid directions, the writ petition stands disposed of.