WP(C) 3882/2011 BEFORE HON’BLE MR. JUSTICE B D AGARWAL With the consent of the learned counsel for both the sides, this writ petition i s being disposed of at the order stage itself. The writ petitioners are challeng ing the Judgment and Order dated 26.09.2008, passed by the Foreigners Tribunal N o. 1, Barpeta, in FT Case No. 40 of 2007 (B) (Reference Case No. 1030 of 2002). Heard Sri A R Sikdar, learned counsel for the writ petitioners a s well as Sri J M A Choudhury, learned Central Government Counsel for the respon dent/ Union of India. Also heard Smt H M Phukan, learned Government Advocate, ap pearing on behalf of respondent Nos. 2 and 3. There is no dispute that the writ petitioners had received notic e from the Tribunal, but they did not appear before the Tribunal to contest the case. At the same time, the fact remains that the Judgment has been passed expar te. Sri Sikdar, learned counsel submitted that the petitioners have sufficient documents to prove their nationality. Some of the documents are annex ed with the writ petition. Hence, it is a fit case to remand the matter to the Tribunal for a fresh decision. Accordingly, the impugned Judgment is set aside. The learned Tribunal is directed to decide the case afresh giving opportunities to both the parties to give evidence. However, it is made clear that the petitioners who are in the de tention camp shall not be released on bail till a fresh Judgment is passed by th e Tribunal. The police authorities shall produce the petitioners in the Tribunal on 19.12.2011. With the aforesaid directions, this writ petition stands dispose d of.