Gauhati High Court
Sahar Ali @ Sahor Ali vs The Union Of India And 5 Ors on 24 January, 2019
Bench: Achintya Malla Bujor Barua, Ajit Borthakur
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GAHC010238462018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 7482/2018
1:SAHAR ALI @ SAHOR ALI
S/O LATE MAHABBAT ALI @ MOHBAT ALI SHEIKH @ MOHABBAT ALI
VILL- PASCHIM SATGHORIA PARA, BINNACHARA
P.O. BALADOBA P.S. GOLAKGANJ
DIST. DHUBRI, ASSAM,
PIN - 783334
VERSUS
1:THE UNION OF INDIA AND 5 ORS.
REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF
INDIA, MINISTRY OF HOME AFFAIRS,
SHASTRI BHAWAN, TILOK MARG, NEW DELHI-1.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
DEPARTMENT OF HOME
DISPUR
GUWAHATI -06.
3:THE ELECTION COMMISSIONER OF INDIA
THROUGH ITS SECRETARY
NIRBACHAN BHAWAN
NEW DELHI-1.
4:THE STATE CO-ORDINATOR
NATIONAL REGISTER OF CITIZENS (NRC)
ASSAM
BHANGAGARH
GUWAHATI -5.
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5:THE DEPUTY COMMISSIONER OF KAMRUP (M)
DIST. KAMRUP (M)
ASSAM.
6:THE SUPERINTENDENT OF POLICE (B)
KAMRUP (M)
DIST. KAMRUP (M)
ASSA
Advocate for the Petitioner : MR. R ALI
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
O R D E R
24.01.2019 (A.M. Bujor Barua, J) Upon hearing the learned counsel for the petitioner, it had been brought to our notice that as per the Annexure-1 interrogation report of Foreign National, which is available at page-22 of the writ petition, there is an endorsement by the Superintendent of Police (Border), City Guwahati, whereby the petitioner was referred to the Foreigners Tribunal under Rule 2(1) of the Foreigners Tribunal for Assam Order, 2006 for its opinion.
It is submitted by Mr. R Ali, learned counsel for the petitioner that the Foreigners Tribunal for Assam Order 2006 was set aside by the Supreme Court in its judgment and order dated 05.12.2006 in Sarbananda Sonowal (II) vs- Union of India, reported in (2007) 1 SCC
174. Mr. J. Payeng, learned counsel for the Foreigners Tribunal and Border Areas upon going through the records informs the Court that after the IMDT Act of 1983 was declared to be ultra-vires, the reference case, which was initiated against the petitioner got transferred to the Foreigners Tribunal No.1, Kamrup (M) at Guwahati and was renumbered as FT Case No.1367/2006.
Page No.# 3/3 In the circumstance, the Commissioner of Police, Guwahati shall appear before the Court on the next date fixed and justify as to why a matter which was already referred and already registered before the Foreigners Tribunal on being transferred from the IMDT was again referred on 05.01.2008 and that too by invoking the jurisdiction under a law which did not exist on the relevant date. It is stated that presently there is no Superintendent of Police (Border) City Guwahati and the office is being manned by the Commissioner of Police, Guwahati.
List the matter again on 28.01.2019.
Till then, the interim order passed earlier shall continue.
JUDGE JUDGE Comparing Assistant