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
- Whether affixation at the former temporary address constituted proper service when authorities knew the permanent address.
- Whether failure to use the ex parte reopening remedy barred relief despite defective service.
Provisions considered
- Paragraph 3(5)(f), Foreigners (Tribunals) Order, 1964The affixation provision was inapplicable on the record because the investigating authorities knew the permanent residential address but made no attempt to serve it. (¶ 8-11)
Held
- The Tribunal’s own order and the State’s police records identified the appellant’s permanent address in Dhubri. No service was attempted there. The authorities could not rely on the change-of-address affixation provision to sustain notice solely at the temporary Sivasagar address. (¶ 8-11)
- The thirty-day ex parte remedy invoked by the State did not bar relief on these facts, where proper service had not been effected. The order could not stand consistently with natural justice. This was a procedural decision requiring fresh adjudication, rather than a determination that the appellant was an Indian citizen. (¶ 11-13)
- The reference was restored to the Jorhat Tribunal, which must give sufficient opportunity to respond and produce evidence. The appellant was to be released after providing his address, appear on 12 April 2021 and cooperate personally thereafter. No fresh notice was necessary because the appearance date was fixed. (¶ 12-13)
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.