Remanded

Dilip Das and 5 Ors. v. the Union of India and 7 Ors.

Gauhati HC16 May 2018WP(C)/2995/2018

Case brief

AI extract

What is this about?

The Guahati High Court set aside an order declaring petitioners as illegal foreigners who failed to adduce evidence due to the death of parents. The court directed the Foreigners Tribunal to allow the petitioners an opportunity to present evidence-in-chief by affidavit within 60 days of appearance.

What did the court decide?

The order dated 29.07.2016 was set aside; petitioners directed to appear before the Foreigners Tribunal with evidence-in-chief by affidavit; Tribunal directed to conclude the reference within 60 days.

Dilip Das and 5 Ors. Vs the Union of… — Constitutional and Fundamental Rights | Gauhati HC (2018)

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Page No.# 1/4

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GAHC010081912018

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

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Case No. : WP(C) 2995/2018

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1:DILIP DAS AND 5 ORS.

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S/O- LATE JIBAN DAS, R/O- BARSILA, UNDER MIKIRBHETA PS OF MORIGAON DISTRICT, PIN- 782105

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2: CHANDA RANI DAS W/O- DILIP DAS R/O- BARSILA UNDER MIKIRBHETA PS OF MORIGAON DISTRICT PIN- 782105

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3: NARIA DAS S/O- LATE JIBAN DAS R/O- BARSILA UNDER MIKIRBHETA PS OF MORIGAON DISTRICT PIN- 782105

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4: PUTULY DAS W/O- LATE BABUL DAS R/O- BARSILA UNDER MIKIRBHETA PS OF MORIGAON DISTRICT PIN- 782105

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5: DIPAK DAS S/O- LATE JIBAN DAS R/O- BARSILA UNDER MIKIRBHETA PS OF MORIGAON DISTRICT PIN- 782105

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6: PRADIP DAS S/O- LATE JIBAN DAS R/O- BARSILA

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Page No.# 2/4

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UNDER MIKIRBHETA PS OF MORIGAON DISTRICT PIN- 78210

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VERSUS

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1:THE UNION OF INDIA AND 7 ORS. TO BE REP. BY THE MIN OF HOME AFFAIRS, NEW DELHI- 01

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2:THE ELECTION COMMISSIONER OF INDIA REP. BY THE CHIEF ELECTORAL OFFICER ASAM, DISPUR, GUWAHATI-6

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3:THE REGISTRAR GENERAL OF INDIA REP. BY THE STATE COORDINATOR NRC, ASSAM ULUBARI GUWAHATI-5

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4:THE STATE OF ASSAM

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TO BE REP. BY THE COMMISSIONER AND SECRETARY OF HOME DEPARTMENT, DISPUR

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GUWAHATI- 6

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5:THE DEPUTY COMMISSIONER MORIGAON, DIST- MORIGAON ASSAM, PIN- 782105

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6:THE FOREIGNERS REGISTRATION OFFICER NAGAON, DIST- MORIGAON ASSAM, PIN- 782105

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7:THE SUPERINTENDENT OF POLICE(B) MORIGAON, DIST- MORIGAON ASSAM, PIN- 782105

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8:THE OFFICER-IN-CHARGE MIKIRBHETA POLICE STATION MORIGAON, ASSAM

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Advocate for the Petitioner : MR. M A LASKAR

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

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Page No.# 3/4

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BEFORE

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HONBLE MR. JUSTICE UJJAL BHUYAN HON BLE MR. JUSTICE NELSON SAILO

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ORDER

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Date : 16-05-2018

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(UJJAL BHUYAN, J)

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Heard Mr. M. A. Laskar, learned counsel for the petitioner and Mr. J. Payeng, learned Special Counsel, Foreigners Tribunal (FT).

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6 petitioners have joined together and have filed the present writ petition.

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Petitioner No. 1 is the husband of petitioner No. 2 and brother of petitioner Nos. 3 to 6. They were proceedees in FT (C) Case No. 267/2015 (State-Vs-Jiban Das & Ors) before the Foreigners Tribunal No. 3^rd , Morigaon.

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By order dated 29.07.2016, they were declared as foreigners who had illegally entered into India (Assam) from Bangladesh after 25.03.1971.

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On a perusal of order dated 29.07.2016 it would go to show that there were altogether 9 proceedees in FT (C) Case No. 267/2015 which included the present petitioners and their parents, namely, Jiban Das and Ganga Das.

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Notice issued by the Tribunal was served upon the proceedees whereafter they had entered appearance before the Tribunal and filed written statement. Because of the death of their parents, namely, Jiban Das and Ganga Das, petitioners could not adduce evidence. In the meanwhile, another proceedee i.e. brother of the petitioners, namely, Babul Das, also expired. However, Tribunal proceeded with the reference and since no evidence were tendered by the petitioners, declared them as illegal foreigners from Bangladesh of post 25.03.1971 stream vide the impugned order dated 29.07.2016.

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It is submitted that following the aforesaid order dated 29.07.2016, petitioner No. 1 Sri Dilip Das was taken into custody.

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After hearing learned counsel for the parties and on due consideration, we are of the view that it would be in the interest of justice if the petitioners are granted one more opportunity to adduce evidence, since they have already filed their written statement.

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Consequently, we set aside the order dated 29.07.2016 and direct petitioner Nos. 2 to 6 to appear before the Foreigners Tribunal No. 3^rd , Morigaon in connection with FT(C) Case No. 267/2015 alongwith their evidence-in-chief by way of affidavit on 06.06.2018 at 10:30 a.m.

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Superintendent of Police (Border), Morigaon shall produce the petitioner No. 1, Sri Dilip Das before the said Tribunal on the same date and time as fixed above. Petitioner No. 1 will be at liberty to file an application for bail during the pendency of the related reference and if such application is filed, the same may be considered in accordance with law.

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On such appearance and production, Tribunal shall proceed with the reference in accordance with law and conclude the same within a period of 60 (sixty) days from the date of appearance and production.

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Before parting with the record, we make it clear that we have not expressed any opinion on the merit of the case.

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This disposes of the writ petition.

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Registry to inform the concerned Foreigners’ Tribunal, Deputy Commissioner and Superintendent of Police (B) for doing the needful.

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Copies of this order may also be furnished to learned Standing Counsel, Election Commission of India and State Coordinator, NRC.

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JUDGE JUDGE

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Comparing Assistant

Dilip Das and 5 Ors. v. the Union of India and 7 Ors.

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Dilip Das and 5 Ors. v. the Union of India and 7 Ors.

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