The Tribunal while rendering its opinion did not advert to the evidence of the witnesses: High Court of Gauhati

The Tribunal had not adverted to highly relevant evidence on record which rendered its opinion unsustainable in law. Such an opinion was held by The Hon’ble High Court of Gauhati before The Hon’ble Mr. Justice N. Kotiswar Singh and The Hon’ble Mrs. Justice Malasri Nandi in the matter of Puspa Khatun Vs. The Union of India and Ors [WP(C) No. 163/2018]. 

The facts of the case were related to various pleas which were taken to file the petition. The evidence of the father that was put forward by the petitioner was never considered by the learned Foreigners’ Tribunal. It was found that to prove the case, the proceedee examined two witnesses including herself and exhibited some documents. It was opined that the documents exhibited were merely referred by the Tribunal and no discussion regarding the same had happened. 

The Hon’ble Court found the father’s evidence highly relevant. It was also opined by The Hon’ble Court that the Tribunal did not advert to highly relevant evidence on record which rendered its opinion intolerable in law. 

After thorough consideration, The Hon’ble Court ruled out “… Accordingly, we allow this petition by setting aside the impugned opinion dated 07.12.2017 passed by the learned Foreigners’ Tribunal No.5th, Barpeta, Assam in F.T. Case No.335/2016. The petitioner will accordingly, appear before the aforesaid Tribunal on or before 30.11.2021 and thereafter, the learned Tribunal will proceed with the matter and pass a fresh opinion in accordance with law… Since the petitioner is already on interim bail, she may be allowed to continue to remain on bail under the same terms and conditions till the fresh opinion is rendered.”

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Judgment reviewed by- Bipasha Kundu

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