Gauhati High Court
Sujit Das vs The Union Of India And 5 Ors on 27 October, 2022
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GAHC010212982022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6767/2022
SUJIT DAS
S/O- LT. NIROD CH. DAS @ NIROD DAS, VILL- MOHANKHAL, P.S. KACHU
DARAM, DIST.- CACHAR, ASSAM, PIN- 788001
VERSUS
THE UNION OF INDIA AND 5 ORS
REP. BY THE MINISTRY OF HOME AFFAIRS, NEW DELHI 110001
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY-06
3:THE DY. COMMISSIONER
CACHAR
SILCHAR
DIST.- CACHAR
ASSAM
PIN- 788001
4:THE SUPERINTENDENT OF POLICE (B)
CACHAR
SILCHAR
ASSAM
PIN- 788001
5:THE ELECTION COMMISSION OF INDIA
NEW DELHI
110001
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6:THE STATE CO-ORDINATOR
NATIONAL REGISTER OF CITIZENS (NRC)
BHANGAGARH
PIN- 78103
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
27-10-2022
(M.R.Pathak, J)
Heard Mr. A M Ahmed, learned counsel for the petitioner and Mr. S S Roy, learned
Assistant S.G.I. for the respondent No.1. Also heard Ms. A Verma, learned Standing counsel,
Foreigners' Tribunal, Assam for the respondent Nos. 2 & 4; Mr. N K Das, learned Government
Advocate, Assam for the respondent No. 3; Mr. A. I. Ali, learned Standing counsel, Election
Commission of India for the respondent No. 5 as well as Ms. L. Devi, learned Standing
counsel, NRC, Assam for the respondent No. 6.
On a reference being made by the Superintendent of Police (Border), Cachar, Silchar,
the learned Member, Foreigners' Tribunal 6 th, Silchar in F.T. 6th Case No. 211/2015 by the
impugned judgment & order/opinion dated 17.12.2018 opined the petitioner to be a foreigner
under the Foreigners Act, 1946, who had illegally entered the territory of India (Assam) on or
after 25.03.1971.
Being aggrieved with the same, the petitioner has filed this writ petition on
20.10.2022.
The petitioner contended that he contested Panchayat Election in the year 2013 and
was elected as President of the Gaon Panchayat. It is also submitted by him that pursuant to
the impugned judgment & order/opinion dated 17.12.2018, he is likely to be arrested,
detained in custody and deported from the territory of India.
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Issue notice, returnable by 8 (eight) weeks.
The issue of maintainability of this writ petition on account of delay in preferring the
same against the impugned judgment & order/opinion dated 17.12.2018, is kept open and
shall be considered at the time of its admission stage.
As the learned Assistant S.G.I.; learned Standing Counsels and learned Government
Advocate, Assam, named above, have accepted notices on behalf of the respondents, no
formal notice need be issued to them.
Petitioner shall serve requisite extra copies of this writ petition including the Annexures
appended thereto to Mr. S S Roy, learned Assistant S.G.I.; Ms. A Verma, learned Standing
counsel, Foreigners' Tribunal, Assam; Mr. N K Das, learned Government Advocate, Assam; Mr.
A. I. Ali, learned Standing counsel, Election Commission of India as well as Ms. L. Devi,
learned Standing counsel, NRC, Assam by 28.10.2022, obtaining necessary
acknowledgements from them in that regard.
Call for the records of F.T. 6th Case No. 211/2015 from the office of the learned
Member, Foreigners' Tribunal 6th , Silchar, Assam.
As the petitioner has been declared to be a foreigner of post 25.03.1971 stream under
the Foreigners Act, 1946 by the impugned judgment & order/opinion dated 17.12.2018
passed by the learned Member, Foreigners' Tribunal 6 th, Silchar, Assam, noted above, he
shall appear before the Superintendent of Police (Border), Silchar, Cachar 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.
The Superintendent of Police (Border), Silchar, Cachar on his such appearance 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), Silchar, Cachar and without obtaining any prior written
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permission from the said authority, the petitioner shall not leave the jurisdiction of said
Superintendent of Police (Border), Silchar, Cachar, Assam.
Until further order of the Court, the petitioner shall not be deported from the territory
of India pursuant to the impugned judgment & order/ opinion dated 17.12.2018, 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), Silchar, Cachar about this
order forthwith.
List accordingly on a date to be fixed by the Registry.
JUDGE JUDGE
Comparing Assistant
