Gauhati High Court
Amar Krishna Dey @ Amar Dey vs The Union Of India And 6 Ors on 20 December, 2021
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GAHC010060102018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1822/2018
AMAR KRISHNA DEY @ AMAR DEY
S/O- LATE KANCHILAL DEY, R/O- VILL- JANATA CHENAMA AREA, P.S-
DIGBOI, SUB DIVISION MARGHERITA, DIST- TINSUKIA, ASSAM
VERSUS
THE UNION OF INDIA AND 6 ORS.
REP. BY THE SECRETARY TO THE MIN OF HOME AFFAIRS, GOVT OF
INDIA, NEW DELHI- 01
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
HOME DEPTT
DISPUR
GUWAHATI-781006
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSIONER
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI- 01
4:THE NATIONAL REGISTRAR OF CITIZENS
REP. BY THE STATE COORDINATOR
1ST FLOOR
ACHYUT PLAZA
G S ROAD
BHANGAGARH
GUWAHATI
ASSAM
PIN- 781005
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5:THE DEPUTY COMMISSIONER
TINSUKIA
ASSAM
6:THE SUPERINTENDENT OF POLICE (B)
TINSUKIA
ASSAM
7:THE OFFICER-IN-CHARGE
TINSUKIA POLICE STATION
TINSUKIA
ASSA
Advocate for the Petitioner : MR G N SAHEWALLA
Advocate for the Respondent : ASSTT.S.G.I.
Linked Case : WP(C)/1827/2018
DILIP KUMAR DEY @ DILIP DEY
S/O- LATE KANCHILAL DEY
R/O- VILL- JANATA CHENAMA AREA
P.S- DIGBOI
SUB DIVISION MARGHERITA
DIST- TINSUKIA
ASSAM
VERSUS
THE UNION OF INDIA AND 6 ORS.
REP. BY THE SECRETARY TO THE MIN OF HOME AFFAIRS
GOVT OF INDIA
NEW DELHI- 01
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI- 781006
3:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSIONER
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI- 01
4:THE NATIONAL REGISTRAR OF CITIZENS
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REP. BY THE STATE COORDINATOR
1ST FLOOR
ACHYUT PLAZA
G S ROAD
BHANGAGARH
GHY
ASSAM- 781005
5:THE DEPUTY COMMISSIONER
TINSUKIA
ASSAM
6:THE SUPERINTENDENT OF POLICE (B)
TINSUKIA
ASSAM
7:THE OFFICER-IN-CHARGE
TINSUKIA POLICE STATION
TINSUKIA
ASSAM
------------
Advocate for : MR G N SAHEWALLA
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MRS. JUSTICE MALASRI NANDI
:: O R D E R ::
20.12.2021
[N. Kotiswar Singh, J]
Heard Mr. G.N. Sahewalla, learned senior counsel assisted by Ms. N. Modi, learned
counsel for the petitioners. Also heard Ms. A. Verma, learned Special Counsel, Foreigners
Tribunal appearing for respondent Nos. 2, 4 & 6; Mr. A.I. Ali, learned Standing Counsel, ECI
for respondent No.3; Ms. K. Phukan, learned Govt. Advocate, Assam for respondent No.5. Ms.
L. Devi, learned counsel appears on behalf of Mr. R.K.D. Choudhury, learned ASGI for
respondent No.1; Ms. Devi also appears for respondent No.4 as the learned Standing
Counsel, NRC.
2. This Court passed had directed the learned State Counsel to take instructions on
several occasions including on 01.12.2021 as to under what circumstances the list of the
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untraced declared foreigners of post 1971 stream of Tinsukia District has been prepared and
published including the names of the petitioners in spite of the earlier opinion dated
31.03.1992 passed by the learned Illegal Migrants (D) Tribunal, Dibrugarh declaring them to
be not foreigners but Indian.
3. Today Ms. Verma has produced a copy of the instruction received from the concerned
authority clarifying that the names of Amar Krishna Dey [petitioner in WP(C) No. 1822/2018]
and Dilip Kr. Dey [petitioner in WP(C) No. 1827/2018] are wrongly included in said list of
untraced declared Foreigners.
The relevant portion of the communication issued vide Memo No. TSK/B/2021/666
dated 12.12.2021 by Superintendent of Police (Border), Tisukia, Assam is reproduced
hereinbelow,
"OFFICE OF THE SUPERINTENDENT OF POLICE (B)::: TINSUKIA DISTRICT
TINSUKIA::: ASSAM
Memo No. TSK/B/2021/666 Date: 12/12/2021
To,
The Superintendent of Police (B)
Assam, Srimntapur, Guwahati
Sub:- Submission of detailed report in connection with WP(C) No. 1822/2018 Amar Krishna
Dey @ Amar Dey-Vs- The Union of India and 6 others and WP(C) No. 1827/2018 Dilip
Kr. Dey @ Dilip Dey -Vs- The Union of India and 5 others.
Ref:- M/No. SPL.DGP(B)/Law Cell/Orders/Misc/235/2021/2034,Dtd. 08.12.2021.
Sir,
In inviting a reference to the above, I would like to furnish herewith a detailed report in
connection with WP(C) No. 1822/2018 Amar Krishna Dey @ Amar Dey -Vs- The Union of India and
6 others and WP(C) No. 1827/2018 Dilip Kr. Dey @ Dilip Dey both are S/O Lt. Kanchilal Dey, R/O
Janata Cinema area, P.S. Digboi, Dist. Tinsukia.
It is a fact that the enquiry officer SI(B) K. Rahman, Digboi, PS. Initiated a case vide P.E. No.
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444/1987 against Amar Krishna Dey and the case was forwarded to the erstwhile Hon'ble Member
IM(D)Tribunal Dibrugarh for decisions. After receiving of the enquiry the Hon'ble member
IM(D)Tribunal Dibrugarh registered DDT Case No. DDT 398/1988 and the said officer has initiated
another case vide P.E. No. 443/1987 against Sri Dilip Kr. Dey and also forwarded to the erstwhile
Hon'ble member IM(D)Tribunal Dibrugarh for decision. Accordingly the Hon'ble member
IM(D)Tribunal registered DDT Case vide case No. DDT. 388/1988.
After hearing both the cases the Hon'ble Member IM(D) Tribunal Dibrugarh passed judgments
on 31/03/1992 as there are no evidences on record even to primafacie prove that OP's are illegal
migrant and both the cases are liable to dismissed. (judgment copy enclosed.)
In the meantime in the year 2012 an information was received from the Addl. Director General
of Police (B), Assam, Guwahati asking the particulars of the declared Foreigners of Post-71 steam
where those found untraced. Accordingly a list of untraced declared Foreigners was submitted to the
Addl. DGP(B), Assam, Guwahati where the name of Sri Amar Krishna Dey and Sri Dilip Kr. Dey were
wrongly included in the said list of untraced declared Foreigners.
.......................................................................
........................................................................"
4. In view of aforesaid communication dated 12.12.2021, we close the present petitions,
WP(C) No.1822/2018 and WP(C) No.1827/2018 by directing the authorities to delete the
names of the petitioners, Amar Krishna Dey @ Amar Dey and Dilip Kumar Dey @ Dilip Dey
from the aforesaid list of untraced declared foreigners of post 1971 stream of Tinsukia District
as mentioned in Annexure XII to the writ petition.
JUDGE JUDGE
Comparing Assistant
