WP(C) 3113/2009 BEFORE HON’BLE MR. JUSTICE B.D.AGARWAL Heard Mr. J.C. Borah, learned counsel for the petitioners and Smti. H.M.Phukan, learned Junior Govt Advocate for the respondents. This writ petition has been filed by the petitioners assailing t he order dated 20.9.2008 passed by the learned Foreigners Tribunal, Morigaon in FT(D) Case No. 581 of 2006 and FT (D) Case No. 585 of 2006 declaring the petitio ners as foreigners. According to the learned counsel for the petitioners, although t he documents were filed by engaging a counsel, but the petitioners could not add uce evidence due to communication gap with the counsel. Upon hearing the learned counsel for the parties and also in the interest of justice, I am of the considered opinion that it is a fit case where the tribunal can be directed to give a liberty to the petitioners to give thei r evidences. For the aforesaid purpose, the impugned order as well as Quit India Notices dated 25.3.2009 and 28.11.2008 issued by the Superintendent of Police ( B), Morigaon are hereby set aside. The case is remanded back to the Foreigners Tribunal, Morigaon w ith a direction to allow the petitioners to adduce evidence both oral and docume ntary. If necessary, the prosecution may also be at liberty to adduce additional evidence. It is made clear that the evidence already tendered by the State shall remain in the records and the same shall be considered by the learned tri bunal while deciding the case. The aforesaid exercise shall be completed within a period of 3(t hree) months from the date of receipt of this order. The petitioners shall appear before the tribunal on 24.8.2009, f ailing which the tribunal shall be at liberty to pass fresh order. With the above observations and directions, this writ petition s tands disposed of.