Gauhati High Court
Page No.# 1/5 vs The Union Of India And 5 Ors on 19 September, 2022
Author: M. R. Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010262132019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7952/2019
HIRALAL MANDAL AND 2 ORS.
S/O. LT. AKALI MANDAL @ AKALI NAMUDAS, VILL. NEWLARBHITHA, P.S.
SARTHEBARI, DIST. BARPETA, ASSAM, PIN-781352.
2: RUPIBALA MANDAL
D/O. HIRALAL MANDAL
VILL. NEWLARBHITHA
P.S. SARTHEBARI
DIST. BARPETA
ASSAM
PIN-781352.
3: BARUN MANDAL
S/O. HIRALAL MANDAL
VILL. NEWLARBHITHA
P.S. SARTHEBARI
DIST. BARPETA
ASSAM
PIN-781352
VERSUS
THE UNION OF INDIA AND 5 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
DEPTT., NEW DELHI-01.
2:THE STATE OF ASSAM
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI-06.
3:SUPERINTENDENT OF POLICE (B)
Page No.# 2/5
BARPETA
DIST. BARPETA
ASSAM
PIN-781315.
4:THE DY. COMMISSIONER
BARPETA
DIST. BARPETA
ASSAM
PIN-781315.
5:ELECTION COMMISSION OF INDIA
REP. BY CHIEF ELECTION COMMISSIONER NEW DELHI-01.
6:STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS (NRC)
ASSAM ACHYUT PLAZA
BHARALUPAR
BHANGAGARH
GUWAHATI-781005
Advocate for the Petitioner : MR. S ALIM
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
19.09.2022 (M. R. Pathak, J) Heard Mr. S. Alim, learned counsel for the petitioner. Also heard Mr. U. K. Goswami, learned Central Government counsel for the respondent No.1; Mr. J. Payeng, learned Standing Counsel, Foreigner Tribunal, for the respondent Nos. 2 & 3; Ms. U. Das, learned Government Advocate, for the respondent No. 4; Mr. A. I. Ali, learned Standing Counsel, Election Commission of India, for the Page No.# 3/5 respondent No. 5 and Ms. L. Devi, learned Standing Counsel, NRC, for the respondent No. 6.
Notice in this case was earlier issued on 14.03.2022.
Pursuant to the order dated 14.03.2022, passed earlier in this proceeding, the Registry has already received the relevant LCR in respect of F.T. (3 rd Tribunal) Case No.126(III)/19 and F.T. Case No.1469(III)/2013 from the office of the Foreigners' Tribunal-III, Barpeta, Assam.
From the records of F.T. Case No. 1491(III)/2013 pertaining to the impugned opinion dated 05.12.2018 passed by the Member, Foreigners' Tribunal-III, Barpeta, Assam we have seen that though by the impugned opinion dated 05.12.2018, the petitioners namely Hiralal Mandal (petitioner No.1), Ms. Rupibala Mandal (petitioner No.2), wife of the petitioner No.1 and Mr. Barun Mandal (petitioner no.3), son of the petitioner Nos. 1 & 2, have been declared as foreigners under the Foreigners' Act of 1946, but the record reveals that the competent authority i.e., the Superintendent of Police (Border) Barpeta, sought for opinion of the concerned Foreigners' Tribunal, Barpeta, as to whether Mr. Hiralal Mandal (petitioner No.1) is a foreigner or not. The record further reveals that no such enquiries were made against Ms. Rupibala Mandal (petitioner No.2) and Mr. Barun Mandal (petitioner No.3) by the authority concerned and that the competent authority directed the concerned police authority only to enquire upon petitioner No.1, pursuant to which the concerned police authority after the enquiry submitted its report.
Since the reference made by the competent authority to the concerned Foreigners' Tribunal-III, Barpeta was not against the petitioners No. 2 & 3, therefore, the impugned opinion dated 05.12.2018 passed by the learned Page No.# 4/5 Member, Foreigners' Tribunal-III, Barpeta in F.T. Case No. 1491(III)/2013 (arising out of Reference IMDT Case No.1213/03) declaring them to be foreigners under the Foreigners' Act, 1946 cannot sustain. Accordingly, the impugned opinion dated 05.12.2018 in F.T. Case No. 1491(III)/2013 passed by the learned Member, Foreigners' Tribunal-III, Barpeta, Assam against the petitioner Nos. 2 and 3, namely Ms. Rupibala Mandal (petitioner No.2) and Mr. Barun Mandal stands set aside as no reference was made by the competent authority against them.
We have seen that the petitioner, Mr. Hiralal Mandal on 14.05.2018 received the notice issued by the Foreigner's Tribunal-III, Barpeta, Assam, under the Foreigners' Act of 1946 as such notice upon the petitioner no. 1 was duly served as per the provisions of Foreigners Act, 1946 as well as the Rules framed under the 1964 Order and the law laid down by the Full Bench of this Court in the case of State of Assam Vs. Muslim Mondal and others.
Accordingly, the Registry is directed to delete the names of petitioner Nos. 2 and 3 from the cause title of this case.
However, our this decision shall not be a bar for the competent authority to initiate fresh proceeding against the petitioner Nos. 2 and 3 under the Foreigners' Act, 1946 in accordance with Law and the relevant Rules and Orders in force.
Registry shall list this matter for admission on 03.11.2022.
Until further order of the Court, the petitioner shall not be deported from the territory of India and he shall remain on interim bail granted to him earlier on 14.03.2022 in this proceeding.
It is made clear that without giving full details of the petitioner's present Page No.# 5/5 address and/or destination including their mobile/phone number (contact number) to the Superintendent of Police (Border), Barpeta, and without obtaining any prior written permission from the said authority, the petitioners shall not leave the jurisdiction of said authority.
However, failure on the part of the petitioner to comply with the direction as specified in the order dated 14.03.2022 and the direction issued today as made above, the authority concerned shall be at liberty to take appropriate action in accordance with law.
Registry shall inform the Superintendent of Police (Border) Barpeta about this order forthwith.
Registry shall retain the relevant LCR.
List accordingly.
JUDGE JUDGE Comparing Assistant