Gauhati High Court
Page No.# 1/4 vs The Union Of India And 3 Ors on 15 September, 2021
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/4
GAHC010101132021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3310/2021
ABDUL SABUR AND 5 ORS
S/O. LT. ABU AHMED, R/O. MYANMAR, PRESENTLY AT SILCHAR
DETENTION CENTRE, DIST. CACHAR, ASSAM.
2: AMIR HUSSAIN
S/O. LT. ABDUL HAQUE
R/O. MYANMAR
PRESENTLY AT SILCHAR DETENTION CENTRE
DIST. CACHAR
ASSAM.
3: JALAL AHMED
S/O. LT. ABDUL HAKIM
R/O. MYANMAR
PRESENTLY AT SILCHAR DETENTION CENTRE
DIST. CACHAR
ASSAM.
4: MOHAMMAD RASHID
S/O. JALAL AHMED
R/O. MYANMAR
PRESENTLY AT SILCHAR DETENTION CENTRE
DIST. CACHAR
ASSAM.
5: ABDUL HYE
S/O. JALAL AHMED
R/O. MYANMAR
PRESENTLY AT SILCHAR DETENTION CENTRE
DIST. CACHAR
ASSAM.
Page No.# 2/4
6: NURUL AMIN
S/O. NOOR AHMED
R/O. MYANMAR
PRESENTLY AT SILCHAR DETENTION CENTRE
DIST. CACHAR
ASSAM
VERSUS
THE UNION OF INDIA AND 3 ORS
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, NORTH BLOCK, NEW DELHI, PIN-110001.
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPTT.
ASSAM SECRETARIAT
DISPUR
GUWAHATI
ASSAM
PIN-781006.
3:THE DEPUTY SUPERINTENDENT OF POLICE (BORDER)
DIST. KARIMGANJ
ASSAM
PIN-788710.
4:THE SUPERINTENDENT OF JAIL
SILCHAR CENTRAL JAIL
TARAPUR
SILCHAR
DIST. CACHAR
ASSAM
PIN-788007
Advocate for the Petitioner : MS. D GHOSH
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
Page No.# 3/4
ORDER
15.09.2021 Heard Mr. S. Dey, learned counsel for the petitioners as well as Mr. K.K. Parashar, learned CGC appearing for the respondent no.1 and Ms. S. Baruah, learned Government Advocate for the respondent nos.2, 3 and 4.
The learned CGC as well as the learned State counsel pray for some more time to obtain instructions and to file their affidavit-in-opposition.
The learned CGC has produced a copy of order dated 08.04.2021 passed by the Supreme Court of India passed in connection with IA No.38048/2021 in WP(C) 793/2017 of Mohammad Salimullah and another Vs. Union of India and ors. From the contents of the order, it is seen that the petitioners before the Supreme Court of India are members of Rohingya community who had taken refuge in India and the said Interlocutory application was filed seeking: (1) the release of the detained Rohingya refugees; and (2) a direction to the Union of India not to deport the Rohingya refugees who had been detained in the Sub-Jail in Jammu. However, by the said order, the interim prayer was rejected, making it clear that the Rohingyas in Jammu, on whose behalf the said application was filed, shall not be deported unless the procedure prescribed for such deportation is followed.
The herein-before referred order dated 08.04.2021 is retained on record.
Be that as it may, let the matter be listed after 4(four) weeks on a date to be fixed by the office by which time the respondents will file the affidavit-in-opposition.
Page No.# 4/4 JUDGE Comparing Assistant