Amir Hakim vs The Union Of India And 6 Ors
2022 Latest Caselaw 21 Gua

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GAHC010275822018




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

                         Case No. : W.P.(Crl.)/12/2018

         AMIR HAKIM
         S/O- SYED HUSSAIN, R/O- KANSAMA MONORWA, WARD NO. 5, P.S- BULHI
         DAWNG, REKING PRENI (ARKAN), MYANMAR



         VERSUS

         THE UNION OF INDIA AND 6 ORS
         REP. BY THE JOINT SECRETARY (FOREIGNERS), FOREIGNERS DIVISION,
         DEPTT OF HOME AFFAIRS, GOVT OF INDIA, NEW DELHI- 110001

         2:THE FOREIGN SECRETARY
          DEPTT OF EXTERNAL AFFAIRS
          GOVT OF INDIA
          NEW DELHI- 110001

         3:THE STATE OF ASSAM
          REP. BY THE ADDITIONAL CHIEF SECRETARY
          HOME AND POLITICAL DEPTT
         ASSAM
          DISPUR
          GUWAHATI- 781006

         4:THE SENIOR SUPERINTENDENT OF POLICE(B)
          KAMRUP (M)
          GUWAHATI- 781007

         5:THE INSPECTOR GENERAL OF PRISONS
         ASSAM
          KHANAPARA
          GUWAHATI- 22

         6:THE SUPERINTENDENT
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             DISTRICT JAIL
             GOALPARA
             ASSAM
             PIN- 783121

            7:THE OFFICER IN CHARGE
             PALTAN BAZAR POLICE STATION
             PALTAN BAZAR
             GUWAHATI- 78100

Advocate for the Petitioner   : MRS. A DEVI

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




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                             ORDER

03.01.2022

Heard Ms. A. Devi, learned Legal Aid counsel for the petitioner as well as Mr. H. Gupta, learned CGC for the respondent nos.1 and 2 and Mr. S.S. Roy, learned Government Advocate for the respondent nos.3 to 7.

2. By this writ petition filed on 12.10.2018, the petitioner has prayed for a direction upon the respondent nos.5, 6 and 7 to release the petitioner from District Jail, Goalpara and to take necessary action for sending the petitioner to the Ministry of External Affairs as per judgment dated 12.11.2009 in GR Case No.2505/2009 by the CJM, Kamrup and thereafter to deport the petitioner to Myanmar, his home country. The matter had been listed on many occasions. From the various orders passed by this Court, it appears that the legal process, as informed to this Court, is that the petitioner is required to be shifted to a refugee camp and thereafter appropriate steps is to be taken for deporting the petitioner to the place of his origin.

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3. Pursuant to the orders of the Court the learned CGC has produced a copy of the letter no.1772/DS (Myanmar)/2021 dated 17.12.2021. Amongst others, it is indicated therein that a detailed repatriation program was drawn up by the State Government but deportation of the petitioner could not take place as the Ministry of External Affairs did not receive any confirmation of deportation.

4. It is also projected that a request was made for nationality verification vide Note Verbale dated 01/Oct/2021. It is also projected that the pervious COI (Certificate of Identity)/ Travel document would no longer be valid. Therefore, deportation of the petitioner could not take place.

5. Having noted that the present writ petition is pending for more than 3 years without any difference in the status of the petitioner, the Court is inclined to grant one week's time to the Ministry of Health Affairs, New Delhi, Bangladesh Myanmar Division as well as the State Government authorities to have a meeting through Video Conference and to take an appropriate decision in the matter. It is made clear that if no decision is taken by the authorities, on the next date the Court is contemplating for calling of the personal appearance of the concerned officials so as to enable the Court to take further decision in the matter.

6. The learned CGC as well as the State counsel shall transmit a downloaded copy of this order to the concerned authorities.

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7. Let a notice returnable on 11.01.2022 be issued.

8. As all the respondents are duly represented, no steps is required to be taken.

9. List the matter on 11.01.2022 awaiting production of appropriate instructions from the respondents.

10. In the meanwhile, having noted that the learned Legal Aid counsel has been appearing pro-bono in the matter for more than 3 years, the State government and the Central Government shall pay an honorarium of Rs.5000/- jointly to the Legal Aid counsel in equal proportion. The same shall be done within a month from today.

11. List on 11.01.2022.

JUDGE

Comparing Assistant