Gauhati High Court
Rashida Begum vs The Union Of India And 5 Ors on 29 July, 2024
Bench: Kalyan Rai Surana, Soumitra Saikia
Page No.# 1/3
GAHC010127912024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3495/2024
RASHIDA BEGUM
D/O AMIN ULLAH, P/R/O DHOOMSAPARA, MAGARPARA, MARKET
RASHIDONG MOORULI, MYANMAR, PRESENTLY AT MATIA, GOALPARA
DETENTION CENTRE, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF HOME AFFAIRS, NEW DELHI-110001
2:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-781006
3:THE INSPECTOR GENERAL OF PRISON
ASSAM
KHANAPARA
GUWAHATI-22
4:THE SUPERINTENDENT OF MATIA DETENTION CENTRE
GOALPARA
ASSAM
5:THE SUPERINTENDENT OF POLICE (B)
KAMRUP (M)
DIST- KAMRUP (M)
ASSAM
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6:THE DEPUTY COMMISSIONER
KAMRUP (M)
DIST- KAMRUP (M)
ASSAM
PIN-78100
Advocate for the Petitioner : MR Z HUSSAIN
Advocate for the Respondent : MR. R K D CHOUDHURY, DSGI
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 29.07.2024 [K.R. Surana, J] Heard Mr. Z. Hussain, learned counsel for the petitioner. Also heard Mr. R.K. D. Choudhury, learned DSGI for Union of India; Ms. P. Barua, learned Standing Counsel, Election Commission of India; Mr. R. Talukdar, learned Government Advocate, Assam and Mr. G. Sarma, learned Standing Counsel, Home Department and Foreigners' Tribunal, Assam.
2. In respect of the prayer made in this writ petition for relocation of the petitioner to Refugee Camp No.11, Royal Colony, Balapur, Hyderabad, Telengana, Mr. R.K. D. Choudhury, the learned DSGI prays for some time to obtain the instructions and to file necessary affidavit in the matter. Prayer is allowed.
3. In respect of the second prayer made in this writ petition for a direction upon the respondent authorities for marking arrangement for the petitioner to make request before the UNCHR at New Delhi to grant her refugee status, Mr. A. Kalita, the learned Amicus Curiae has submitted that India is not a signatory to the United Nations convention on the status of Refugees, 1951 and in this regard he places reliance on the decision of the Supreme Court of India in the Page No.# 3/3 case of Mohd. Salimullah and Anr. Vs Union of India and Ors. reported in (2021) 19 SCC 191 for the purposes of bringing to the notice of the Court that in so far as the prayer for the release of the detained Rohingya refugees and for a direction on the Union of India not to deport the Rohingya refugees, the Supreme Court of India had already dismissed interlocutory applications for similar relief.
4. Be that as it may, as the petitioner has expressed her desire to make a request before the UNCHR for granting Refugee status, the Court is inclined to provide that the concerned authorities in the Goalpara Detention Centre, Matia will make all necessary arrangements to allow the petitioner, namely, Rashida Begum, projected to be the daughter of Amin Ullah to make a request before the UNCHR at new Delhi either by way of her application or if required to have interaction with the UNCHR and the petitioner through video conferencing facility to be arranged from the Detention Centre or from an appropriate venue as deem it appropriate.
6. The same be allowed within a period of 2 (two) weeks from the date of service of certified copy of the order before the Jailor, Temporary Jail, Matia, Goalpara.
7. List after 3 (three) weeks so as to enable Mr. G. Sarma, learned Standing Counsel, Home Department and Foreigners' Tribunal, Assam to produce a report before the Court.
8. Accordingly, list this matter on 21.08.2024.
JUDGE JUDGE Comparing Assistant