Pran Gopal Ghosh vs The Union Of India And 7 Ors
2022 Latest Caselaw 4102 Gua

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GAHC010210362022




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

                          Case No. : WP(C)/6764/2022

         PRAN GOPAL GHOSH
         S/O LATE MONORANJAN GHOSH, R/O VILL-ERA KAPILI, P.S. AND P.O.-
         JAMUNAMUKH, DIST-HOJAI, ASSAM, PIN-782428



         VERSUS

         THE UNION OF INDIA AND 7 ORS
         REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW
         DELHI-1

         2:THE ELECTION COMMISSION OF INDIA
          REPRESENTED BY THE CHIEF ELECTORAL OFFICER
         ASSAM
          DISPUR
          GUWAHATI-781006

         3:THE REGISTRAR GENERAL OF INDIA
          REPRESENTED BY THE STATE COORDINATOR
          NRC (NATIONAL REGISTER OF CITIZENS)
         ASSAM
          ULUBARI
          GUWAHATI-5

         4:THE STATE OF ASSAM
          REPRESENTED BY THE COMMISSIONER AND SECRETARY
          HOME DEPARTMENT
          DISPUR
          GUWAHATI-781006
         ASSAM

         5:THE DEPUTY COMMISSIONER
          HOJAI
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             DIST-HOJAI
             ASSAM
             PIN-782442

             6:THE FOREIGNERS REGISTRATION OFFICER
              IN THE DISTRICT OF HOJAI
              DIST-HOJAI
             ASSAM
              PIN-782442

             7:THE SUPERINTENDENT OF POLICE (BORDER) IN THE DISTRICT OF
             HOJAI

             DIST-HOJAI
             ASSAM
             PIN-782442

             8:THE OFFICER-IN-CHARGE OF THE JAMUNAMUKH POLICE STATION
              DIST-HOJAI
             ASSAM
              PIN-78242

Advocate for the Petitioner   : ALHAJJ I UDDIN

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




                        BEFORE
      HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
        HONOURABLE MRS. JUSTICE MITALI THAKURIA
                                         ORDER

26.10.2022 (M. R. Pathak, J)

Heard Mr. A. I. Uddin, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned Central Government Counsel, for the respondent No. 1; Mr. A. I. Ali, learned Standing Counsel, Election Commission of India, for the respondent No. 2; Ms. L. Devi, learned Standing Counsel, NRC for the respondent No. 3; Mr. Page No.# 3/5

G. Sarma, learned Standing Counsel, Foreigners Tribunal, for the respondent Nos. 4, 6, 7 & 8; and Ms. U. Das, learned Government Advocate, Assam, for the respondent No. 5.

The petitioner has filed this writ petition on 20.10.2022 challenging the impugned opinion dated 04.12.2019, passed by the learned Member, Foreigners'

Tribunal, Nagaon, 10th at Sankardev Nagar, Hojai, Assam, in F.T.(D) Case No. 1461/2015, whereby, the learned Tribunal opined the petitioner to be a foreigner under the Foreigners Act, 1946, who had illegally entered into India (Assam) on or after 25.03.1971 from the specified territory of Bangladesh without any valid document.

It is contended by the petitioner that his father- Shri Monoranjan Ghosh and brother- Kamakhya Ghosh have been considered to be a foreigner, who had entered into the territory of Indian from the specified territory of Bangladesh on/or after 01.01.1966 but before 25.03.1971 and accordingly their names have been recorded by the Foreign Regional Registration Officer, Nagaon, in November, 2017 and March, 2018, respectively.

It is also submitted by the petitioner that in spite of the impugned opinion/judgment & order dated 04.12.2019, noted above, he has not been arrested and yet to be taken into custody. However, he is apprehending that he will be arrested soon and taken into custody and thereafter, he will be deported from the territory of India.

Issue notice, returnable by 8 (eight) weeks.

The maintainability of this writ petition regarding delay in preferring this writ petition is kept open and shall be considered at the time of its admission stage.

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As Ms. A. Gayan, learned Central Government Counsel representing respondent No. 1; Mr. A. I. Ali, learned Standing Counsel, Election Commission of India, representing respondent No. 2; Ms. L. Devi, learned Standing Counsel, NRC representing respondent No. 3; Mr. G. Sarma, learned Standing Counsel, Foreigners Tribunal, representing respondent Nos. 4, 6, 7 & 8; as well as Ms. U. Das, learned Government Advocate, Assam, representing respondent No. 5, have accepted notices on behalf of their respective respondents, no formal notice need to be issued to those respondents.

Petitioner shall serve requisite extra copies of this writ petition including the Annexures appended thereto to the learned CGC; learned Standing Counsels and learned Government Advocate, Assam, named above, on or before 28.10.2022 obtaining necessary acknowledgements from them in that regard.

Call for the records of Case No. F.T.(D) Case No. 1461/2015 from the

Office of the learned Member, Foreigners' Tribunal, Nagaon, 10 th, Sankardev Nagar, Hojai, Assam, as well as the records of F.T. Case No. 476/2015, disposed of on 30.10.2017, & F.T. Case No. 1291/2015, disposed of on 13.02.2018, from

the Office of the learned Member, Foreigners' Tribunal No. 10 th, Hojai.

As the petitioner has been declared to be a foreigner of post 25.03.1971 stream under the Foreigners Act, 1946, by the impugned opinion/judgment & order dated 04.12.2019, passed by the learned Member, Foreigners' Tribunal,

Nagaon, 10th at Sankardev Nagar, Hojai, Assam, noted above, he shall appear before the Superintendent of Police (Border), Hojai, on or before 21.11.2022 during the office hours between 10:00 am to 4:30 pm, along with a certified copy of this order, who shall obtain necessary information and documentation as required under the Rules from the petitioner for securing his presence.

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On his such appearance, the Superintendent of Police (Border), Hojai, shall also take necessary steps for capturing the fingerprints of both hands of the petitioner and biometrics of the iris of his both eyes.

It is made clear that without giving full details of the petitioner's present address and/or destination including mobile/phone number (contact number) etc., before the Superintendent of Police (Border), Hojai, and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of said Superintendent of Police (Border), Hojai.

Until further order of the Court, the petitioner shall not be deported from the territory of India pursuant to the impugned opinion/judgment & order dated 04.12.2019, noted above.

However, failure on the part of the petitioner to comply with the directions specified above, the authority concerned shall be at liberty to take appropriate action in accordance with law.

A copy of this order requisitioning the case records and the forwarding letter by which the case records are sent to this Court be made part of the record file of the Tribunal.

This order be brought to the notice of the Registrar (Judicial).

Registry shall inform the Superintendent of Police (Border), Hojai, about this order forthwith.

List accordingly on a date to be fixed by the Registry.

                         JUDGE                                  JUDGE

Comparing Assistant