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Mainul Hoque v. The Union of India

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 1339 of 2019)Decided 29 Jan 2019
Civil Appeal No. 1339 of 2019
Justice Rohinton Fali Nariman · Justice Navin Sinha

Background

The appellant's case concerned a pending foreigner-status determination proceeding before Foreigners Tribunal No. 2 at Hedayetpur, Guwahati (within Kamrup Metropolitan district) in Assam. The appellant sought to have that pending proceeding moved to the Foreigners Tribunal at Karimganj, and challenged the Gauhati High Court's order declining this relief. The matter came to the Supreme Court by special leave.

Decision Breakdown

Having considered the facts of the case and, in particular, the counter-affidavit filed by the Government of Assam, the Supreme Court considered it appropriate that the pending proceeding be transferred from the Foreigners Tribunal at Hedayetpur, Guwahati to the Foreigners Tribunal at Karimganj. It accordingly set aside the impugned order of the High Court, granted leave, and allowed the appeal on the stated terms, disposing of any other pending applications.

Lesson Learnt

A person facing a pending legal proceeding (such as a foreigner-status determination) can seek, and the Supreme Court can grant, a transfer of that proceeding to a more convenient tribunal when the facts, including the government's own submissions, support it.

Official source (sci.gov.in)View Judgment (PDF)

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