Dismissed

Alo Rani Dev @ Alo Rani Dey v. the Union of India and 3 Ors.

Gauhati HC4 Apr 2018I.A.(Civil)/1021/2018

Case brief

AI extract

What is this about?

The High Court disposed of an application seeking directions to shift the petitioner from Kokrajhar Detention Centre to Gauhati Medical College for medical treatment due to a pacemaker. The court dismissed the application on merits, holding it not maintainable as the related writ petition was already disposed of. It also noted the fresh cause of action precluded scrutiny via an interlocutory appli

What did the court decide?

Direction to shift the petitioner from Kokrajhar Detention Centre to Gauhati Medical College and Hospital.

Alo Rani Dev @ Alo Rani Dey Vs the… — Constitutional and Fundamental Rights | Gauhati HC (2018)

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Page No.# 1/3

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GAHC010056562018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil) 1021/2018 in WP(C) 169/2017

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1:ALO RANI DEV @ ALO RANI DEY

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D/O- LT SURENDRA CH DAS, W/O- BHANU KR DEV @ MAKHAN CH DEV @ MAKHAN CH DEY, R/O- AMGURI PART-I, P.S. ABHAYAPURI, DISTBONGAIGAON, ASSAM

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VERSUS

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1:THE UNION OF INDIA

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THROUGH THE MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA, NEW DELHI

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2:THE STATE OF ASSAM THROUGH THE SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6

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3:THE DEPUTY COMMISSIONER BONGAIGAON DIST- BONGAIGAON ASSAM

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4:THE SUPERINTENDENT OF POLICE (BORDER) BONGAIGAON DIST- BONGAIGAON ASSA

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Advocate for the Petitioner : MR. B CHOWDHURY

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Advocate for the Respondent : ASSTT.S.G.I.

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Page No.# 2/3

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BEFORE HON'BLE MR. JUSTICE UJJAL BHUYAN HON BLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 04-04-2018

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(Ujjal Bhuyan, J.)

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Heard Mr. B. Chowdhury, learned counsel for the petitioner and Mr. J. Payeng, learned Special Counsel, Foreigners Tribunal (FT).

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This application has been filed seeking a direction to the respondents for shifting of the petitioner from the Kokrajhar Detention Centre to the Gauhati Medical College and Hospital, Guwahati for medical treatment.

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It may be mentioned that by order dated 22.06.2016 passed by the Foreigners Tribunal, Bongaigaon No.2 at Abhayapuri in BNGN/FT Case No. 2973/2007, petitioner was declared to be a foreigner who had illegally entered into India from Bangladesh after 25.03.1971.

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This order came to be challenged before this Court in WP(C) No. 169/2017 filed by the petitioner. This Court by order dated 17.01.2017 dismissed the writ petition and affirmed the order passed by the Tribunal.

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It is submitted that following declaration of the petitioner as a foreigner, she has been detained in the Kokrajhar jail which is treated as Detention Centre.

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By this application, petitioner has stated that she has a pacemaker installed and therefore she requires regular medical monitoring. In such circumstances, petitioner seeks her shifting to the Gauhati Medical College and Hospital.

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Learned Counsel for the petitioner submits that when the jail authorities were moved in this regard they expressed their helplessness and observed that until a direction is issued by the competent authority, such shifting may not be possible.

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As noticed above, the related writ petition was dismissed on 17.01.2017.

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Subject matter of the writ petition was legality and correctness of the order passed by the Tribunal which the Court decided in favour of the State.

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Page No.# 3/3

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By this application, petitioner has ventilated an altogether different grievance relating to her health condition. Firstly, this application may not be maintainable inasmuch as the related writ petition is no longer pending as it was disposed of on 17.01.2017. To that extent writ court has become functus officio. Secondly, as observed, this is a fresh cause of action which may not be entertained in an interlocutory application.

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Subject to the observations made above, this Interlocutory Application is dismissed.

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JUDGE JUDGE

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Comparing Assistant

Alo Rani Dev @ Alo Rani Dey v. the Union of India and 3 Ors.

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Alo Rani Dev @ Alo Rani Dey v. the Union of India and 3 Ors.

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