WP(C) 7347/2016. Gauhati High Court
| Case Number | WP(C) 7347/2016 |
| Judgement Date | May 16, 2019 |
| Court | Gauhati High Court |
IN THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM, AND ARUNACHAL PRADESH)
WP(C) No.7347/2016
Jehirul I slam,
Son of Md. Abdul Jalil @ Jalil Ali, Resident of village- Dimu, P.S.- Rangia, District- Kamrup, Assam.
…..Pet it ion er
-Versus-
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Union of I ndia, represented by the Secretary to the Government of I ndia,
Ministry of Home Affairs,
New Delhi.
-
State of Assam,
Notice through the Chief Secretary to the Government of Assam,
Dispur.
-
Secretary to the Government of Assam,
Home Department, Dispur.
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Deputy Commissioner, Kamrup.
-
Superintendent of Police (B),
Kamrup.
…..Responden t s
BEFORE
HON’BLE MR. JUSTICE UJJAL BHUYAN HON’BLE MR. JUSTICE PARAN KUMAR PHUKAN
Advocate for the Petitioner : Mr. D. Choudhury.
Advocate for the
Respondent No. 1 : Ms. P. Baruah, CGC.
Advocate for the
Respondent Nos. 2 to 5 : Mr. H. K. Hazarika, GA, Assam.
Date of Hearing : 12-05-2017
Date of Judgment : 16-05-2017
WP(C) No.7347 of 2016
JUDGMENT AND ORDER (ORAL) (U. Bhuyan,J)
Heard Mr. D. Choudhury, learned counsel appearing for the petitioner, Ms.
P. Baruah, learned counsel for the Central Government and Mr. H.K. Hazarika, learned Government Advocate, Assam.
-
By filing this petition under Article 226 of the Constitution of I ndia,
petitioner seeks quashing of order dated 07.10.2016, passed by the Foreigners Tribunal No.5, Kamrup, Rangia in F.T. Case No.1237/ 2008 declaring the petitioner to be a foreigner who had illegally entered into I ndia (Assam) from Bangladesh after 25.03.1971.
-
I t appears that a reference was made by the Superintendent of Police
(Border), Kamrup under the Foreigners Act, 1946 read with the Foreigners (Tribunals) Order, 1964 with the allegation that the petitioner was a foreigner who had illegally entered into I ndia (Assam) from the specified territory i.e., Bangladesh after 25.03.1971.
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On receipt of the reference, F.T. Case No. 1237/ 2008 was registered and
after creation of additional Tribunals, was assigned to the Foreigners Tribunal No.5, Kamrup, Rangia (Tribunal) for opinion. Notice issued by the Tribunal was served upon the petitioner whereafter he entered appearance and filed written statement along with certain documents denying the allegation made by claiming to be citizen of I ndia by birth. Petitioner also gave evidence as his witness and exhibited a number of documents. After hearing the matter, Tribunal passed the order dated 07.10.2016 answering the reference in favour of the State in the above manner.
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Aggrieved, present writ petition has been filed.
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When the writ petition was moved on 08.12.2016 it was submitted that
following the order passed by the Tribunal, petitioner was taken into custody. This Court while issuing notice and requisitioning the case record, passed an interim order to the effect that petitioner should not be deported from I ndia until further order.
WP(C) No.7347 of 2016
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While learned counsel for the petitioner has assailed the finding recorded
by the Tribunal on the ground that evidence tendered by the petitioner was not properly appreciated, learned counsel for the respondents have extended support to the order impugned.
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Submissions made by learned counsel for the parties have received the
due consideration of the Court. Also perused the materials on record.
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At the outset, it would be apposite to refer to the order dated 07.10.2016
passed by the Tribunal, relevant portion of which is extracted here in below:---
“8.The O.P. has stated in his W.S. that he is a permanent resident of Village- Bhangnamari and S/ o Jalil Ali but not Abdul Jalil in support of which he has produced a certificate (Exhibit A) issued by Gaon Burha of Village- Bhangnamari, P.O. & P.S. Bhangnamari which is not admissible in this Tribunal as a documentary evidence since it is not a Govt. document as because it (Exhibit-‘A’) lacks the Govt. emblem on the body of this document. He has further submitted a certificate (Exhibit ‘B’) from Govt. Gaon Burha of village- Naburka Satra, P.O. Khudra...
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