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Gauhati High Court
Xxx Xxx Xxx vs In Re - The Government Of Assam And 3 Anr on 10 March, 2026
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/7
GAHC010114822015
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1754/2015
XXX XXX XXX
VERSUS
IN RE - THE GOVERNMENT OF ASSAM and 3 ANR.
REP. BY THE CHIEF SECY., DISPUR, ASSAM
2:THE SECY. HOME and POLITICAL DEPTT.
GOVT. OF ASSAM
DISPUR
ASSAM
3:THE UNION OF INDIA
REPRESENTED BY I.THE MINISTRY OF HOME AFFAIRS. II. THE MINISTRY
OF EXTERNAL AFFAIRS
4:THE ACCOUNTANT GENERAL
ASSAM
Advocate for the Petitioner : , SC, GHC
Advocate for the Respondent : MR. S C KEYAL (A.S.G.I), GA, ASSAM,MR. C CHOUDHURY,MR.
R BORPUJARI (SC, FINANCE DEPT.),MR H K DAS, SC, GHC,MS. A GAYAN, CGC,MR. D
MAZUMDAR (ADDL GA, ASSAM)
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 10.03.2026
Heard Mr. H.K. Das, learned standing counsel for this Court as well as
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Mr. A. Das, learned Amicus curiae. Also heard Mr. B. Sharma, learned Additional
Senior Govt. Advocate for the State along with Ms. M. Devi, learned Govt.
Advocate, and Mr. R.K.D. Choudhury, learned DSGI for the Union of India.
2. Pursuant to order dated 03.02.2026, the State respondent nos.1, 2
and 3 have filed an affidavit. The response of the State respondents in tabular
form, which is made in paragraph 3 thereof is extracted hereinbelow:
Sl. Directions Action Taken
No.
1 Regarding the issue of deputation of In this regard, a report has been sought from the
police personal without any arms and Member, Foreigners Tribunal 1st, Udalguri.
ammunition in the Foreigners Tribunal
2nd, Darrang, Mangaldai, Udalguri 1st at In response, an email has been received from Member,
Mazbat and withdrawal of the PSO of the Foreigners Tribunal 1st, Udalguri stating that the lady
learned Member of the said Tribunal. Constable was re-deputed on her duty.
2 Regarding non-payment of car hire bills, In this regard, it is stated that vehicle hiring bill for the
the withdrawal of the vehicles by the period April 2023 to April 2024, amounting to Rs.
service providers, threatening of 4,24,860 has been paid to the Member, FT (7) Tezpur,
discontinuation of the vehicle for the Sonitpur vide FS/09-2025-26-(I) 946 dated 01-11-2025
learned Members of the Foreigners and proposal for further payment of Rs. 349,200 for the
Tribunals 7th, Sonitpur. period May 24 to Feb 25 is being processed in File No.
ECF-185997.
3 Regarding supply of Law Journals to the In this regard, a letter has been issued to all Members of
Foreigners' Tribunals in incomplete FTs requesting to furnish report regarding supply of
manner. incomplete set of law journal, if any. As per the reports
received till date, Member, FT 2nd Goalpara has not
received GLT for the month of July, 2025. Further,
Member, FT Dima Hasao has not received Vol. 3 of
GLT.
North Eastern Law House shall be requested to ensure
the supply of the said editions.
Further, North East Law House shall be allowed
continue to the subscription of GLT for the year 2026.
However, physical copies of the law journals have been
supplied regularly to the Foreigners Tribunals although
some copies are missing from the Tribunal.
4 Regarding inspections of the FTs in In this regard the matter is being taken up in co-
regards to the basic infrastructure ordination with the official of PWD (Bldg), Assam.
requirements of all the Foreigners
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Sl. Directions Action Taken
No.
Tribunals functioning in the state Assam With regards to the Foreigners Tribunals within Cachar
including infrastructure of Foreigners District, an Estimates for "Repairing, Renovation and
Tribunal No. 1, 2, 3, 4, and 5 of Silchar. Infrastructural requirement of Foreigners Tribunals
(FTs) No. 1st, 2nd, 3rd, 4th, 5th & 6th, Silchar in
Cachar District, Assam" has been received from Chief
Engineer, PWD (B), Assam and the same is being
considered in the Department.
5 Regarding the circulation of the Order of As per order, the letter has been issued to Members of
the Hon'ble Court with list of all Foreigners' Tribunals in Assam vide Letter No.
infrastructure items to all the Foreigners PLB.28967/3001 dated 18.01.2026.
Tribunals so as to inform the Hon'ble
Court in writing. In response, Reports from 100 Foreigners Tribunals
have been received in this department. The same has
been forwarded to PWD (Bldg.) vide letter No.
PLB.28967/2128 dated 12.02.2026. The deponent
craves leave of the Hon'ble Court to produce the
compilation at the time of hearing.
6 Regarding the report of the physical In this regard, a meeting was held on 21.01.2026 with
inspection carried out of all the the officials of PWD (Building), minutes of which has
Foreigners Tribunals functioning in the been enclosed herewith.
State, irrespective of the reports being
generated and sent by the Foreigners As per minutes, all District Commissioners concerned
Tribunals. has been directed to physically inspect the Foreigners
Tribunals by their representative with the assistance of
the Executive Engineer of the District/Co-District
concerned and submit the detailed reports to the Home
and Political Department vide letter No.
PLB.28967/2118 dated 05.02.2026. Reports from all
District Commissioners concerned is awaited.
7 Regarding the unsafe functioning of the District Commissioner, Dibrugarh was already
Foreigners Tribunal 2nd at Dibrugarh instructed to take necessary action for shifting the
which was gutted in fire. office premises of Foreigners Tribunal 2nd, Dibrugarh
to an alternative accommodation vide letter No.
PLB.28967/2090 dated 12.01.2026 following a
reminder letter No. PLB.28967/2104 dated 29.01.2026.
However, in the meantime, the Chief Engineer, PWD
(B), Assam has submitted Estimates for "Repair and
Renovation of the existing Office of the Foreigners
Tribunal 2nd Dibrugarh and Construction of a new
Assam Type Office Building in the Premises of
Foreigners Tribunal at Dibrugarh, Assam" for an
amount of Rs. 127.89720 Lakh and the same is being
considered in the Department.
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Sl. Directions Action Taken
No.
8 Regarding exchange of the report in In this regard, a meeting was held on 21.01.2026 with
connection with the information relating the officials of PWD (Building). The minutes of the
to the lack of appropriate infrastructure meeting are enclosed herewith. Necessary steps shall be
in all other Tribunals by the Home & taken as per the minutes.
Political department with the Public
Works Department, Government of
Assam, to ensure that the shortfall in
infrastructure.
3. In respect of the physical inspection of the Foreigners Tribunals, the
Home and Political (B) Department, Government of Assam, by letter dated
05.02.2026 had asked all the District Commissioners/ Co-District Commissioners
of the State of Assam to nominate a representative for carrying out physical
inspection of the Foreigners Tribunals under their jurisdiction on or before
12.02.2026.
4. The Court is awaiting the joint inspection report as indicated in the
said letter dated 05.02.2026.
5. As per directions contained in the order dated 06.01.2026, all the 100
(one hundred) Foreigners Tribunals functioning in 29 districts have provided the
details of infrastructure that are available and/or lacking in their respective
Foreigners Tribunal as per the format provided. On perusal of the same, except
for a few Foreigners Tribunals, the reports depict a very pathetic condition of
several of the Tribunals. Some of the Tribunals lack Court Room and Ejlas.
Several Tribunals do not have a separate washroom for the learned Members
and the staff of the Tribunal. Some do not have washrooms for the litigants. The
conditions of the furniture in most of the Tribunals is in very poor condition. In
some Tribunals, bare minimum requirement of small items like Eraser, Cash
Book and Court Diary are also reported to be not available. Some Tribunals do
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not have computer, printers, ink cartridge, stationary. The learned standing
counsel for this Court and the learned amicus curiae have submitted that due to
lack of computer and internet connectivity, several Tribunals do not even have
email addresses.
6. Therefore, as prayed for by the learned Additional Senior Government
Advocate, the Court is inclined to grant some time to the State to examine the
infrastructure conditions of all the 100 Tribunals, which has been forwarded to
the learned Additional Senior Government Advocate by email. It shall also be
verified if there are computers in working condition and internet connectivity in
all the Foreigners Tribunals in the State. It is hoped that the appropriate
authorities in the State government will take an urgent decision regarding the
infrastructure requirements of all the Foreigners Tribunals and take immediate
steps for making the infrastructure available in the Tribunals for efficacious
dispensation of justice.
7. The State is put to notice that if basic infrastructure requirements of
an appropriate Court Room with Ejlas, washroom facilities for Member and staff
and other essential furniture like chair and table is not made available, the State
should file an affidavit to inform the Court as to how they desire the Tribunals to
function without essential requirements and to also inform as to why the
functioning of those Tribunals where the infrastructure requirement is not met
should not be given a long-term paid holiday till the appropriate infrastructure is
created.
8. We request the learned Additional Senior Government Advocate to
send a downloaded copy of this order to the Chief Secretary to the Government
of Assam; and Commissioner & Secretary to the Govt. of Assam, Home and
Political (B) Department with liberty to both the authorities to send the copy of
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this order to all the District Commissioners, State PWD (Buildings) Department
of all the Districts, as well as to the Finance Department of the State of Assam
to examine the availability of finance to meet the infrastructure requirement and
to take steps. On the next date of listing, the Home and Political (B)
Department, after consultation with the State PWD and the Finance Department
shall file an affidavit as to the steps which are proposed to be taken and to also
inform the timeline within which all the Foreigners Tribunals in the State of
Assam should have the requisite bare minimum infrastructure for effective
dispensation of justice.
9. The Registry of this Court, through the learned standing counsel for
this Court has produced copy of letters received from the Member, Foreigners
Tribunal Udalguri regarding withdrawal of security personnel. Similarly, the
learned Member, Foreigners Tribunal 9 th Nagaon has also stated regarding
engagement of her PSO to other duties.
10. The learned standing counsel for the High Court shall provide a
photocopy of the said letters to the learned Additional Senior Government
Advocate.
11. As it has come for the second time during the recent sitting of this
Court regarding withdrawal of PSOs of the learned Members of the Foreigners
Tribunal, we request the learned Additional Senior Government Advocate to also
transmit a copy of this order to the Director General of Police, Assam and to the
Home and Political Department, Government of Assam so that the authorities in
the Home and Political Department, Government of Assam, in consultation with
the Director General of Police, Assam, can take a decision regarding making
available the PSOs to all the Members of the Foreigners Tribunals in the State of
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Assam and to file an affidavit to that effect through an officer not less than the
rank of Joint Secretary to the Government of Assam, Home and Political
Department by the next date of listing.
12. The copy of letter dated 16.02.2026, by the learned Member,
Foreigners Tribunal, Udalguri, letter dated 18.02.2026 by the learned Member,
Foreigners Tribunal, Nagaon 9 th, and compilation of infrastructure report of all
the Foreigners Tribunal, are made a part of record.
13. List on 02.04.2026.
JUDGE
Comparing Assistant
