Gauhati High Court
Dwarika Das And 5 Ors vs The Union Of India And 5 Ors on 26 May, 2020
Author: Suman Shyam
Bench: Suman Shyam, Parthivjyoti Saikia
Page No.# 1/4
GAHC010287252019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 378/2020
1:DWARIKA DAS AND 5 ORS.
S/O- LT. GHANASHYAM DAS, R/O- VILL- JOYSAGAR, P.S. KAKI, DIST.-
NAGAON, ASSAM,, PIN- 782446
2: JOYMATI DAS
W/O- DWARIKA DAS
R/O- VILL- JOYSAGAR
P.S. KAKI
DIST.- NAGAON
ASSAM
PIN- 782446
3: PARESH DAS
S/O- DWARIKA DAS
R/O- VILL- JOYSAGAR
P.S. KAKI
DIST.- NAGAON
ASSAM
PIN- 782446
4: DIBAKAR DAS @ DIPAK DAS
S/O- DWARIKA DAS
R/O- VILL- JOYSAGAR
P.S. KAKI
DIST.- NAGAON
ASSAM
PIN- 782446
5: RUPALI DAS
D/O- DWARIKA DAS
R/O- VILL- JOYSAGAR
Page No.# 2/4
P.S. KAKI
DIST.- NAGAON
ASSAM
PIN- 782446
6: UZALA DAS
D/O- DWARIKA DAS
R/O- VILL- JOYSAGAR
P.S. KAKI
DIST.- NAGAON
ASSAM
PIN- 78244
VERSUS
1:THE UNION OF INDIA AND 5 ORS.
REP. BY THE SECY., MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW
DELHI, PIN- 1100001
2:THE ELECTION COMMISSION OF INDIA
REP. BY THE CHIEF ELECTION COMMISSIONER
NEW DELHI
PIN- 110001
3:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
DEPTT. OF HOME
DISPUR
GHY-06
4:THE STATE CO-ORDINATOR OF NATIONAL REGISTER OF CITIZENS
(NRC)
GOVT. OF ASSAM
DISPUR
GHY-06
5:THE DY. COMMISSIONER OF POLICE (B)
NAGAON DIST. NAGAON
6:THE DY. COMMISSIONER AND DIST. ELECTION OFFICER
NAGAON DISTRICT
NAGAON
Advocate for the Petitioner : MR. P KATAKI
Advocate for the Respondent : ASSTT.S.G.I.
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
26.05.2020 Suman Shyam, J.
Heard Mr. P. Kataki, learned counsel appearing for the writ petitioners. We have also heard Mr. U. K. Nair, learned Senior Standing Counsel, FT and Standing Counsel, Border Police, Assam. Ms. G. Hazarika, learned Central Govt. Counsel, has appeared for the Union of India as well as the NRC Coordinator and Ms. B. Das, learned counsel, has appeared for the Election Commission of India.
Mr. Kataki submits that the impugned order besides being perverse on the face of the record is also non-est in the eye of law since the IMDT Act has already been repealed.
The said submission has, however, been opposed by Mr. Nair, learned Senior Standing Counsel, FT and Border Police, who has argued in support of the validity of the impugned order.
The contentious issues raised in the writ petition shall require deeper examination.
Issue notice returnable in eight weeks.
Mr. G. Sarma, learned counsel assisting learned senior counsel Mr. U. K. Page No.# 4/4 Nair, has accepted notice on behalf of respondent Nos.3, 4 and 5, whereas Ms. G. Hazarika, learned CGC, has accepted notice on behalf of respondent No.1 and Mr. B. Das, learned counsel, has accepted notice on behalf of respondent Nos.2 and 6. Service of notice is, therefore, complete in this case. However, extra copies of the writ petition be furnished to the learned Standing Counsel within a week from today.
Call for the LCR in connection with Case No.IMDT/H/404/90 from the Illegal Migrants (D) Tribunal, Hojai, Sankardev Nagar.
Heard on the prayer of interim relief.
Having regard to the facts and circumstances of the case, we direct that the operation of the impugned order dated 12.06.2003 passed by the Illegal Migrants (D) Tribunal, Hojai, Sankardev Nagar, in connection with Case No.IMDT/H/404/90, shall remain suspended until further orders.
JUDGE JUDGE Comparing Assistant