Gauhati High Court
Mangla Das vs The Union Of India And 4 Ors on 4 September, 2021
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GAHC010134392021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./73/2021
MANGLA DAS
S/O- LATE TEMBARU RAM DAS @ TEMPA DAS, R/O- BODOTI
KHAKANDAGURI, P.S. BIHPURIA, DIST.- LAKHIMPUR, ASSAM, PIN- 787001.
VERSUS
THE UNION OF INDIA AND 4 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, DEPARTMENT OF
HOME AFFAIRS, NEW DELHI.
2:THE STATE OF ASSAM
REP. BY SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF HOME AFFAIRS
DISPUR
GHY-6.
3:THE MEMBER FOREIGNERS TRIBUNAL NO. 1
LAKHIMPUR
NORTH LAKHIMPUR
DIST.- LAKHIMPUR
ASSAM
PIN- 787001.
4:THE SUPERINTENDENT OF POLICE (B) LAKHIMPUR
P.O. AND DIST.- LAKHIMPUR
ASSAM
PIN- 787001.
5:THE DY. COMMISSIONER
LAKHIMPUR
ASSAM
P.O. AND DIST.- LAKHIMPUR
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ASSAM
PIN- 787001
Advocate for the Petitioner : MR. S BANIK
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
O R D E R
04.09.2021
(A.M Bujor Barua, J)
Heard Mr. S Banik, learned counsel for the review petitioner, Mr. J Payeng,
learned counsel for the respondents No. 2, 3, 4 and 5 being the authorities
under the Government of Assam in the Ministry of Home Affairs related to
Foreigners Tribunal matters and Mr. G Pegu, learned counsel for the respondent
No.1 being the Union of India through the Department of Home Affairs, New
Delhi.
2. Being aggrieved by an order dated 26.09.2018 of the Foreigners Tribunal
(1st) Lakhimpur in Case No.5249/2015 declaring the petitioner to be a foreigner
who had entered India from Bangladesh after 25.03.1971, the writ petition
WP(C) No.8524/2018 was instituted. The said writ petition was given a final
consideration by the order dated 07.01.2019 arriving at a conclusion that no
error apparent in the opinion of the Tribunal was noticed and accordingly, the
writ petition stood dismissed. Against the order of dismissal of WP(C)
No.8524/2018 vide the order dated 07.01.2019, the petitioner preferred an
appeal before the Hon'ble Supreme Court, which was registered as Special
Leave (Civil) No.9085-2019.
3. The said appeal of the petitioner was given a final consideration by the
Supreme Court by the order dated 12.07.2021. In the appeal before the Hon'ble
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Supreme Court, the petitioner had taken a stand that there exists a Gazette
Notification No.G.S.R.685(E) dated 07.09.2015 of the Government of India
issued under Section 3 of the Foreigners Act, 1950 and another document being
a Draft NRC, wherein the name of the petitioner appears, but the said document
could not be produced by the petitioner in spite of due diligence when the writ
petition was heard by the Court.
4. The Hon'ble Supreme Court by the aforesaid order without interfering with
the judgment in the writ petition had given the liberty to the petitoner to
institute a review petition before this Court. Accordingly, this review petition has
been filed.
5. Without raising any other issue, Mr. S Banik, learned counsel for the review
petitioner states that under the provision of the Gazette Notification No.
G.S.R.685(E) dated 07.09.2015, there exist a right in favour of the petitioner to
be granted Indian Citizenship on the ground that the petitioner belongs to the
Hindu religious faith and was required to leave his original Country of
Bangladesh because of fear of religious persecution.
6. In view of the limited grievance being made that the Gazette Notification
No. G.S.R.685(E) dated 07.09.2015 could not be brought to the notice of the
Court when the judgment in WP(C) No.8524/2018 was passed, we grant the
liberty to the petitioner to approach the appropriate authority under the
Government of India in the Ministry of Home Affairs to file an application raising
his plea that he is entitled to the grant of an Indian Citizenship under the
provisions of the Gazette Notification No. G.S.R.685(E) dated 07.09.2015 on the
strength that the petitioner satisfies all the requirement and conditions
prescribed in the said notification.
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7. It is further provided that as an when such application is filed by the
petitioner, the appropriate authorities in the Ministry of Home Affairs shall pass a
reasoned order on the same without being influenced in any manner by the
conclusions and findings arrived at in the judgment and order dated 07.01.2019
in WP(C) No.8524/2018 and take an independent call and pass a reasoned
order thereon.
8. As no other ground has been urged, the other conclusions arrived at in the
judgment dated 07.01.2019 in WP(C) No.8524/2018 is retained. However, it is
reiterated that retaining the judgment shall not be a bar on the part of the
authorities in the Ministry of Home Affairs, Government of India to pass a
reasoned order on such application of the petitioner as indicated above and in
doing so, the conclusions arrived at in the judgment dated 07.01.2019 in WP(C)
No.8524/2018 shall not be an influencing factor in any manner.
9. As prayed for by the learned counsel for the review petitioner, the
petitioner is granted two months time from today to make the required
application as indicated above and till the period of two months, no coercive
action be taken against the petitioner. But, however, if such application is not
filed within a period of two months, the interim protection granted herein
above, shall not hold good any longer.
With the above observation, the review petition stands closed.
JUDGE JUDGE
Comparing Assistant
