GUWAHATI: A division bench of the Gauhati High Court comprising Justice Manojit Bhuyan and Justice Kalyan Rai Surana has set aside 57 cases ‘disposed off’ by Foreigners Tribunal No. 4, Morigaon and ordered their fresh hearing.
In a suo moto writ petition, the High Court has found that the ‘orders of disposal’ in the 57 cases are non est in the eye of law. The High Court has also ordered that the member of the Tribunal shall list the above references in the notice board of the Tribunal giving fresh dates for hearing.
The High Court order says that on scrutiny of the 232 cases placed by Morigaon SP (border), as many as 175 cases were found correct in all respects, while anomalies were detected in the remaining 57 cases. The types of anomalies, according to order issued by the High Court, are – judgment not found in 11 cases, mismatching between the judgment copy and the order sheet in six cases, dual judgment without vacating earlier orders in five cases, no vacate orders in 32 cases, ‘proceedee’ discrepancy in two cases and ‘undisposed’ since ‘proceedee’ expired in one case.
The disappointment of the High Court reflects when the order says ‘before parting with the record, we express our disappointment over the way the Member conducted himself. This was not expected. In the ordinary course this would have called for some action, disciplinary or otherwise. We leave it at that’.