In this writ petition, the petitioner sought transfer of pending Foreigners Tribunal proceedings from Jorhat to another Tribunal in South Salmara Mankachar district relying on earlier precedents. The Court dismissed the petition at the motion stage, holding that prayers for tribunal transfer are not entertained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010153582019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 5295/2019
1:AIZUR RAHMAN
S/O- SATTAR ALI SHEIKH @ SATTAR SHEIKH, R/O- VILL- FATTAPARA, P.O. SUKCHAR, DIST- SOUTH SALMARA MANKACHAR, ASSAM
VERSUS
1:THE UNION OF INDIA AND 7 ORS.
THROUGH THE MINISTRY OF HOME AFFAIRS, GRIHA MANTRALAYA, NEW DELHI
2:THE STATE OF ASSAM THROUGH THE SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GHY-6
3:THE ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASOKA ROAD NEW DELHI- 110001
4:THE STATE COORDINATOR NATIONAL REGISTRATION OF CITIZEN ASSAM BHANGAGARH GHY
5:THE DY. COMMISSIONER JORHAT GOLAGHAT P.O. GOLAGHAT
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DIST- GOLAGHAT ASSAM
6:THE DY. COMMISSIONER SOUTH SALMARA MANKACHAR P.O. AND DIST- SOUTH SALMARA MANKACHAR ASSAM
7:THE SUPERINTENDENT OF POLICE (B) GOLAGHAT P.O. GOLAGHAT DIST- GOLAGHAT ASSAM
8:THE SUPERINTENDENT OF POLICE (B) SOUTH SALMARA MANKACHAR P.O. AND DIST- SOUTH SALMARA MANKACHAR ASSA
Advocate for the Petitioner : MR. T DEWAN
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANOJIT BHUYAN HONOURABLE MR. JUSTICE AJIT BORTHAKUR
O R D E R
01.11.2019
( Manojit Bhuyan, J )
None for the petitioner appears on call.
Heard Ms. G. Hazarika, learned counsel representing the respondent no.1, Mr. J. Payeng, learned counsel, representing respondent nos.2, 5, 6, 7 and 8, Ms. B. Das, learned counsel representing respondent no.3 and Ms. A. Verma, learned counsel representing respondent no.4.
Despite non-appearance of the counsel for the petitioner, this writ petition is taken up for disposal as the issue raised is squarely covered by an earlier judgment of this Court.
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Prayer is made in the writ petition for transferring the Case No.JFT 6/2017 pending before the Foreigners’ Tribunal, Jorhat to any other Tribunal located at South Salmara Mankachar district.
Having regard to the prayer so made, it is seen that this Court in a bunch of cases, the lead case being WP(C) 2780/2019, have already laid down that this Court cannot entertain prayer for transfer of proceedings from one Tribunal to other. The reason for reaching the said conclusion has been exhaustively dealt with in the judgment and order dated 07.06.2019 passed in the said bunch of cases.
Having regard to the above, the prayer so made cannot be entertained. Accordingly, the writ petition stands dismissed at the Motion stage itself.
JUDGE JUDGE
Comparing Assistant
2 issues framed by the court
Whether the writ court can entertain a prayer for transfer of proceedings from one Foreigners' Tribunal to another located in a different district.
Whether a writ petition praying for transfer of Foreigners Tribunal proceedings can be allowed given previous rulings of this Court.
Colour shows how this judgement treated each authority
WP(C) 2780/2019Relied on¶31
Aizur Rahamn
The Union of India
The State of Assam
The Election Commission of India
The State Coordinator National Registration of Citizen Assam
The Dy. Commissioner Jorhat
Manojit Bhuyan
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
