VidhiSangh

Supreme Court of India · 24/03/2021

MD MISHER ALI @ MESER ALI versus THE UNION OF INDIA AND OTHERS

[2021] 12 S.C.R. 365 · 2021 INSC 205

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court set aside an ex parte foreigners declaration because authorities affixed notice at a temporary address without attempting service at the permanent Assam address known to them. Paragraph 3(5)(f) could not justify that service on these facts, and failure to seek the prescribed ex parte remedy did not cure the defect. The reference was restored for a fair hearing and the appellant ordered released meanwhile, subject to address disclosure and personal cooperation with the Tribunal.

Issues

  1. Whether affixation at the former temporary address constituted proper service when authorities knew the permanent address.
  2. Whether failure to use the ex parte reopening remedy barred relief despite defective service.

Provisions considered

Held

Result

Appeals allowed. Impugned High Court judgment and Tribunal order set aside; reference restored. Interim release and fresh-hearing directions issued; citizenship merits left for the Tribunal.

Judgment PDF: Supreme Court of India, [2021] 12 S.C.R. 365.