WP(C) 357/2016. Gauhati High Court

Case Number:WP(C) 357/2016
Judgement Date:May 25, 2020
Court:Gauhati High Court
SUMMARY

Oders of Foreigners Tribunal/Illegal Migrant(D) Tribunal

 
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IN THE GAUHATI HIGH COURT

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

WP(C) No. 357 of 2016

Lakhi Rani Das,

Wife of Late Subhash Das,

R/ o village- Salpara, Molandubi,

P.S.- Krishnai, District- Goalpara (Assam), Pin No.783101.

…..Pet it ion er

-Versus-

  1. State of Assam represented by the

    Commissioner and Secretary, Govt. of Assam, Home Department, Dispur, Guwahati-6.

  2. Deputy Commissioner, Goalpara,

    P.O. & P.S.- Goalpara, Assam, Pin-783101.

  3. Superintendent of Police (B),

    Golapara, District- Goalpara, Assam, Pin-783101.

  4. Union of I ndia, represented by the Secretary to the Govt. of I ndia, Ministry of Home Affairs, New Delhi-110011.

    …..Responden t s

    BEFORE

    HON’BLE MR. JUSTICE UJJAL BHUYAN HON’BLE MR. JUSTICE PARAN KUMAR PHUKAN

    Advocate for the Petitioner : Mr. U.Das, Adv.

    Advocate for the

    Respondent No. 1 to 3 : Mr. T. C. Chutia,

    GA, Assam.

    Advocate for the

    Respondent No. 4 : None appeared.

    Date of Hearing : 19-05-2017

    Date of Judgment : 25-05-2017

    WP(C) No.357 of 2016

    JUDGMENT AND ORDER (ORAL) (U. Bhuyan,J)

    Heard Mr. U. Das, learned counsel appearing for the petitioner and Mr. T.

    1. Chutia, learned Government Advocate, Assam.

  5. By filing this petition under Article 226 of the Constitution of I ndia,

    petitioner seeks quashing of order dated 04.09.2013, passed by the Foreigners Tribunal, Goalpara in F.T. Case No.2904/ G/ 2010 declaring the petitioner to be a foreigner who had illegally entered into I ndia (Assam) from the specified territory

    i.e., Bangladesh after 25.03.1971.

  6. I t is seen that following enquiry, Superintendent of Police (B), Goalpara

    made a reference under the I llegal Migrants (Determination by Tribunals) Act, 1983 to the Tribunal constituted under the said Act with the allegation that petitioner was an illegal migrant as defined under the said Act.

  7. After the aforesaid Act was declared unconstitutional by the Supreme

    Court in Sar banan da Son ow al vs. Un ion of I n dia, ( 20 05 ) 5 SCC 66 5 , the reference was re-registered under the Foreigners Act, 1946 as F.T. Case No.2904/ G/ 2010 and assigned to the Foreigners Tribunal, Goalpara (Tribunal) for opinion.

  8. Notice issued by the Tribunal was served upon the petitioner, whereafter

    she entered appearance before the Tribunal and submitted written statement denying the allegation made by claiming to be a citizen of I ndia. Thereafter, petitioner examined herself as her witness and also exhibited documents. After hearing the matter, Tribunal passed...

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