Gauhati High Court
Abdul Barik vs The Union Of India And 7 Ors on 3 May, 2019
Author: Ujjal Bhuyan
Bench: Ujjal Bhuyan
Page No.# 1/3
GAHC010088302019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2691/2019
1:ABDUL BARIK
S/O- JANIK UDDIN, VILL- BAGHMARACHAAR, P.O. BAGHMARACHAAR,
P.S. ALOPATICHAR, DIST- BARPETA (ASSAM), PIN- 781127
VERSUS
1:THE UNION OF INDIA AND 7 ORS.
REP. BY ITS SECY. OF THE MINISTRY OF HOME AFFAIRS, UNION OF INDIA,
NEW DELHI
2:THE ELECTION COMMISSION OF INDIA
REP. BY ITS SECY.
NIRBACHAN BHAWAN
NEW DELHI-1
3:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY-6
4:THE STATE CO-ORDINATOR
NATIONAL REGISTER OF CITIZENS (NRC)
ASSAM
ACHYUT PLAZA (1ST FLOOR)
BHARALUPAR
BHANGGAGARH
GHY-5
5:THE DY. COMMISSIONER OF BARPETA
DISTRICT
P.O. AND DIST.- BARPETA (ASSAM)
PIN- 781301
Page No.# 2/3
6:THE SUPERINTENDENT OF POLICE (B)
OF BARPETA DISTRICT
P.O. AND DIST.- BARPETA (ASSAM)
PIN- 781301
7:THE MEMBER
FOREIGNERS TRIBUNAL NO.6
BARPETA
P.O. AND DIST- BARPETA (ASSAM)
PIN- 78130
Advocate for the Petitioner : MR. S K ROY
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 03-05-2019 Heard Mr. K. Rahman, learned counsel for the petitioner and Ms. D. Das Barman, learned Govt. Advocate, Assam. Also heard Ms. U. Das, learned counsel, appearing for the State Coordinator, National Register of Citizens (NRC). By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents for furnishing him certified copies of the documents applied for in connection with FT Case No.397/2015 (State Vs. Abdul Barik) disposed of by the Foreigners Tribunal No.6, Barpeta on 12.12.2018.
Case of the petitioner is that a reference was made by the Superintendent of Police (Border), Barpeta on 25.06.1998 under the then Illegal Migrants (Determination by Tribunals) Act, 1983 alleging that petitioner was an illegal migrant. Reference was registered as IMDT Case No.811/1998 before the Tribunal constituted under the said Act. After the decision of the Supreme Court in Sarbananda Sonowal Vs. Union of India, (2005) 5 SCC 665 , reference was transferred to the Foreigners Tribunal constituted under the Foreigners Act, 1946 and the Foreigners (Tribunals) Order, 1964. After creation of additional Tribunals, the reference was assigned to the Foreigners Tribunal No.6, Barpeta where it was re-registered as FT Case No.397/2015.
Page No.# 3/3 By the opinion rendered on 12.12.2018, Tribunal declared the petitioner to be a foreigner who had illegally entered into India (Assam) from the specified territory on or after 25.03.1971.
According to the petitioner, he had submitted application through his counsel on 11.04.2019 seeking certified copies of the following documents:-
1. Written statement with annexures,
2. Evidence-in-Chief of DW1 and DW2,
3. Exhibited documents.
With the grievance that certified copies of these documents have not been furnished to him, present writ petition was filed on 24.04.2019.
Though the application for certified copy was filed on 11.04.2019, it is seen that there were lot of holidays immediately thereafter on account of Bihu festival and Good Friday. Filing of the writ petition on 24.04.2019 thus appears to be hasty.
Nevertheless, considering the nature of reliefs sought for, Member, Foreigners Tribunal No.6, Barpeta shall ensure that certified copies of the above documents as sought for are furnished to the petitioner expeditiously.
Writ petition is disposed of.
JUDGE Comparing Assistant