Gauhati High Court
Smt. Mostimaya Limbu vs Union Of India And 5 Ors on 17 January, 2019
Author: A.M. Bujor Barua
Bench: Achintya Malla Bujor Barua, Prasanta Kumar Deka
Page No.# 1/3
GAHC010271842018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 4190/2018
in
WP(C) 8490/2018
1:SMT. MOSTIMAYA LIMBU
W/O- SRI LAKHAN BAHADUR RAI
D/O- SRI JAGOT LIMBU @ JAGOT BAHADUR LIMBU
R/O- VILL- RAMPUR
MERAPANI
PS MERAPANI
PIN-785705
PO MERAPANI
DIST- GOLAGHAT
ASSAM
VERSUS
1:UNION OF INDIA AND 5 ORS.
REP. BY THE SECRETARY
DEPTT. OF HOME
NEW DELHI-110001
2:STATE OF ASSAM
REP. BY THE COMM. AND SECY.
DEPTT. OF HOME
DISPUR
GHY-6
3:THE ELECTORAL REGISTRATION OFFICER
GOLAGHAT
ASSAM
PIN-785621
4:THE DY. COMMISSIONER
Page No.# 2/3
GOLAGHAT
PIN-785621
5:THE SUPERINTENDENT OF POLICE (BORDER)
GOLAGHAT
PIN-785621
6:THE OFFICER-IN-CHARGE
MERAPANI PS
PIN-785705
Advocate for the Petitioner : MR. N N UPADHAYA
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
O R D E R
17.01.2019 (A.M. Bujor Barua, J) Heard Mr. NN Upadhyaya, learned counsel for the petitioner, Mr. SC Keyal, learned ASGI appearing for the authorities under the Union of India, Mr. A. Kalita, learned counsel representing the authorities under the Government of Assam for Foreigners Tribunal and Border Areas and Mr. A.I Ali, learned counsel appearing for the authorities under the Election Commission of India.
The writ petition being WP(C) No.4013/2018 preferred by the petitioner against the order dated 21.05.2018 passed by the Foreigners Tribunal, Jorhat in FTG(D) Case No.432/2010. By the said order, the petitioner was declared to be a Foreigner, who had entered into the territory of India from the specified territory after the cut-off date of 25.03.1971.
The core claim of the petitioner is that the said declaration of the Foreigners Tribunal is inherently incorrect inasmuch as, the petitioner belongs to the Gorkha community and she is covered by the notification dated 24.09.2018 of the Ministry of Home Affairs, Foreigners Division, Government of India.
Page No.# 3/3 By this interlocutory application, the petitioner seeks for a direction that she be released from the detention camp, where she is being held subsequent to the order of the Tribunal.
Mr. SC Keyal does not object to the petitioner being released from the detention camp.
In view of such agreement by the learned ASGI, it is directed that the petitioner, who is being held in the detention camp at Jorhat pursuant to the declaration of the Foreigners Tribunal, Jorhat in its order dated 21.05.2018 in FTG(D) Case No.432/2010 be forthwith released from the detention camp. It is provided that the petitioner shall provide two local sureties who shall ensure the presence of the petitioner before the authorities as and when she is required.
In terms of the above, the interlocutory application stands disposed of.
JUDGE JUDGE Comparing Assistant