Dismissed

Surendra Devnath v. the Union of India

Gauhati HC7 Feb 2018WP(C)/566/2018

Case brief

AI extract

What is this about?

The Foreigners Tribunal had previously declared the petitioner a foreigner and deported him. The current petition was raised by his son. The bench observed the son was not the aggrieved person and that the petitioner was already deported. The withdrawal of the petition with liberty was permitted, and the petition was dismissed.

What did the court decide?

Liberty is granted to withdraw the writ petition with liberty to file afresh through the wife of the petitioner.

Surendra Devnath Vs the Union of India — Constitutional and Fundamental Rights | Gauhati HC (2018)

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GAHC010007082018

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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) 566/2018

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1:SURENDRA DEVNATH

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S/O. LT. GURUCHARAN DEVNATH, VILL. GELPEJHAR, P.O. MERKUCHI, P.S. BARAMA, DIST. NALBARI, ASSAM, REP. BY HIS SON NAMELY SRI KRISHNA DEVNATH, S/O. SURENDRA DEVNATH, VILL. GELPEJHAR, P.O. MERKUCHI, P.S. BARAMA, DIST. NALBARI, ASSAM.

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VERSUS

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1:THE UNION OF INDIA

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REP. BY THE SECRETARY MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, SHASTRI BHAWAN, NEW DELHI.

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2:THE ELECTION COMMISSION OF INDIA REP. BY CHIEF ELECTION COMMISSIONER NIRVACHAN SADAN ASHOKA ROAD NEW DELHI

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3:THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY.

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4:THE STATE CORDINATOR

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NATIONAL REGISTRATION OF CERTIFICATE OFFICE ADDRESS AT ACHYUT PLAZA G.S. BOAD BHANGAGARH GHY. KAMRUP (M) ASSAM

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5:THE SUPDT. OF POLICE (B) DIST. NALBARI ASSAM.

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6:THE DY. COMMISSIONER NALBARI ASSAM

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Advocate for the Petitioner : MR. J I BORBHUIYA

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

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BEFORE

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HON’BLE MR. JUSTICE UJJAL BHUYAN

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HON’BLE MR. JUSTICE NELSON SAILO

O R D E R

07.02.2018

(Ujjal Bhuyan,J)

Heard Mr. JI Borbhuiya, learned counsel for the petitioner and Mr. HK Hazarika, learned Government Advocate, Assam.

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Sri Surendra Devnath was declared to be a foreigner who had illegally entered into India (Assam) from Bangladesh after 25.3.1971 vide order dated 29.11.2017 passed by the Foreigners Tribunal -1 , Nalbari in FT (Nal) Case No. (B) 3572 of 2007 (State of Assam –vsSurendra Devnath).

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We notice that in the cause title, Sri Surendra Devnath though shown as petitioner is found to be represented by his son Krishna Devnath.

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When we queried Mr. Borbhuiya as to the reason for this since Surendra Devnath is not a juristic person requiring legal representation, he submits that Surendra Devnath has already been deported to Bangladesh on 10.8.2011 following passing of earlier exparte order. He however submits that exparte order was subsequently set aside by this Court whereafter case was remanded back to the Tribunal for hearing on merit.

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On careful examination of the matter, we are of the view that Krishna Devnath is not the aggrieved person as is understood in law. Moreover, since Sri Surendra Devnath has already been deported from India, question of examining the legality of the order dated 29.11.2017 may be difficult.

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At this stage, Mr.Borbhuiya submits that he may be permitted to withdraw the writ petition with liberty to file afresh through wife of Surendra Devnath.

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We express no opinion in this regard. However, liberty as sought for is granted.

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Writ petition is dismissed on withdrawal with liberty as prayed for.

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

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A copy of this order may be furnished to learned Standing Counsel, Election Commission of India and the State Coordinator, NRC.

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JUDGE JUDGE

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Comparing Assistant

Surendra Devnath v. the Union of India

Case brief

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Surendra Devnath v. the Union of India

Case brief

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