High Court
Case Details
WP(C) 4959/2008 BEFORE THE HON’BLE MR JUSTICE UJJAL BHUYAN AND THE HON’BLE MRS JUSTICE RUMI KUMARI PHUKAN (Ujjal Bhuyan, J) All these writ petitions were earlier dismissed by the Court by upholdin g the respective orders passed by the Foreigners Tribunal declaring the petition ers to be foreigners. 2. While dismissing the writ petitions the Writ Court had directed submissi on of compliance report by the concerned Superintendents of Police (Border) and Deputy Commissioners of the respective districts. 3. Today, when the matter is called upon, Mr M Bhagabati, learned Govt. Adv ocate has placed before the Court a statement showing the consequential steps ta ken by the Superintendents of Police (Border) and Deputy Commissioners. The said statement is extracted hereunder:- Musstt Shahera Khatun Bibi -Vs-State of Assam & DC report Sakina Khatun-Vs- Union of India & Ors. Untraced Md Abdul Karim -Vs- State of Assam & Anr. Musstt Gul Sahaera Begum -Vs- State of Assam & O Mamata Begum-Vs-State of Assam & Ors. Md Suraj Ali-Vs-State of Assam & Ors. Untraced Untraced Smt Nurjahan Nessa Begum -Vs- Union of India & O Name deleted, DC, Goalpara. Musstt Safia Begum & Ors. -Vs- State of Assam & Name deleted, DC, Cachar Md Alauddin SK -Vs- State of Assam & Ors. Rahima Bibi -Vs-State of Assam & Ors. Untraced Sufiya Khatun -Vs-Union of India & Ors. Untraced Md Faizul haque-Vs-Union of India & Ors. No report Anowara Begum @ Khatun -Vs-Union of India & Ors. Md Karim Ali-Vs-Union of India & Ors No repor No report SP Report Name deleted Parties name WP(C) 3263 of 2009 WP(C) No. 6547 of 2011 WP(C) No. 4959 of 2008 Name deleted DC, Dhubri Name deleted, DC, Tezpur Name deleted, DC, Dhubri Name deleted, DC, Barpeta. WP(C) No. 5214 of 2008 Untraced WP(C) No. 2724 of 2009 Case No. WP(C) No. 3838 of 2015 No report WP(C) No. 1433 of 2008 WP(C) No. 3823 of 2009 Untraced SP, Goalpara WP(C) No. 4329 of 2009 Untraced, SP, Cachar, Silchar WP(C) No. 5851 of 2011 SL.No. 1. 4 Ors. 2. , SP, Barpeta 3. No report 4. rs. 5. , SP, Hojai, 6. , SP , Morigaon No report 7. rs. 8. Ors. 9. No report 10. , SP, Hojai 11. , SP , Barpeta, No report 12. Untraced, SP , Morigaon, 13. Untraced, SP, Morigaon 14. t 15. No report 16. f Assam & Ors. 17. Untraced, SP, Goalpara Name deleted, DC, Goalpara 18. dia & 2 Ors. 19. Untraced SP, Barpeta 20. Untraced SP, Nagaon 21. , SP, Karimganj No report 22. WP(C) No. 2458 of 2012 No report WP(C) No. 3291 of 2012 Untraced, SP, Morigaon No report Name deleted, DC, Barpeta. Name Deleted, DC, Nagaon. WP(C) No. 6113 of 2013 WP(C) No. 5609 of 2013 Untraced SP, Morigaon WP(C) No. 3698 of 2012 WP(C) No. 4953 of 2012 WP(C) No. 3989 of 2013 WP(C) No. 2678 of 2013 WP(C) No. 1562 of 2013 WP(C) No. 1871 of 2012 WP(C) No. 2139 of 2012 WP(C) No. 729 of 2012 No report No report No report Md Khalil Ali @ Khalilur Rahman -Vs- Union of In Name deleted, DC, Barpeta. Rukia Begum -Vs- Union of India & 3 Ors. Usman Gani @ Md Usman Ali -Vs- Union of India Abdul Matin -Vs- Union of India 4 Ors. Untraced Md Abdul Hanif @ Hanif Ali & 5 Ors. -Vs- State o Nurul Haque -Vs- Union of India & 3 Ors. Md Nurul Islam -Vs-Union of India & Ors. Momena Khatun -Vs- Union of India & Ors. WP(C) No. 7341 of 2013 Untraced, SP, Morigaon WP(C) No. 242 of 2011 Apprehended in Detention Camp, SP, Morigaon 23. India 24. No report 25. ion of India & 4 Ors Untraced, SP, Barpeta Name deleted, DC, Barpeta WP(C) No. 3263 of 2015 Process is going on. No report No report Md Anwar Ali & 3 Ors. -Vs- State of Assam & Ors. Jaker Ali @ Jaker Husain @ Jakir Hussain -Vs- Un Md Isaque @ Isahoque Ali & 4 Ors. -Vs- Union of Ms Bimala Khatun -Vs- Uniion of India & Ors. WP(C) No. 5926 of 2013 Saleha Khatun & 3 Ors. -Vs- Union of India & 5 O Petitioner appeared before Police, SP, Goalpara. Name deleted DC, Goalpa WP(C) No. 6686 of 2013 Ms Asia Khatun -Vs- Union of India Name not in Voters’ List 2015, DC, Sonitpur. WP(C) No. 7099 of 2013 WP(C) No. 6658 of 2013 26. rs. ra. 27. Untraced, SP, Sonitpur, Tezpur. Name deleted, DC, Sonitpur. 28. t 29. , SP, Barpeta 30. s. 31. Untraced, SP Morigaon 32. Untraced, SP Barpeta. 33. Ramala Khatun -Vs- Union of India & 2 Ors. t 34. Apprehended in Detention Camp, SP, Nagaon WP(C) No. 7329 of 2013 Untraced, SP, Barpeta WP(C) No. 2306 of 2014 Name deleted, DC, Morigaon WP(C) No. 4055 of 2014 WP(C) No. 2778 of 2014 No report. No report Md Usman Ali -Vs- Union of India & 4 Ors. Name deleted, DC, Nagaon. Maziran Nessa -Vs- Union of India & 2 Ors. Bahura @ Bahura Begum -Vs- Union of India & 3 Or No report. Md Sirajul Hoque @ Sirajul Islam & 6 Ors. WP(C) No. 2902 of 2014 Ramena Begum @ Ramena Khatun @ Ramana Khatun @ No repor Untraced, SP, Barpeta Sabed Ali -Vs- Union of India & 2 Ors. Untraced No repor 35. Untraced, SP,Goalpara 36. WP(C) No. 2679 of 2015 Maleka Bibi -Vs- Union of India & 2 Ors Name deleted, DC, Goalpara. WP(C) No. 3381 of 2015 Haran Ali @ Haran Ali Sheikh -Vs- Union of India & 2 Ors. Untraced, SP, Dhubri Name deleted, DC, Dhubri WP(C) No. 3459 of 2015 Untraced, SP, Sonitpur. Name not in Voters’ List, DC, Sonitpur. WP(C) No. 4721 of 2015 Maleka Begum @ Maleka Khatun Apprehended in D 37. . 38. etention Camp, SP, Barpeta Name deleted, DC, Barpeta. 39. Apprehended in Detention Camp in Kokrajhar, SP, Nagaon Musstt. Safia Khatun -Vs- Union of India & 2 Ors Musstt Kitabjan -Vs- Union of India & 3 Ors. Name deleted, DC, Nagaon WP(C) No. 5049 of 2015 Jahura Khatun -Vs- Union of India & Ors. Musstt Sakina Bibi -Vs- Union of India & Ors. WP(C) No. 2085 of 2012 Sahar Ali -Vs- Union of India & Ors. Untraced Name deleted, DC, Nalbari Name deleted, DC, Morigaon Md Akbar Ali -Vs- Union of India & Ors. No repor Mohammad Ali & Anr. -Vs- Union of India & Ors. Musstt Roshia Begum @ Khatun @ Musstt Rashia Beg Untraced, (Hatisingimari PS) No report Md Fazar Ali -Vs- Union of India & 3 Ors. No report WP(C) No. 24 of 2012 WP(C) No. 5991 of 2011 40. No report 41. Untraced, SP, Nalbari 42. , SP, Barpeta 43. t 44. Untraced, SP, Morigaon 45. um -Vs- Union of India & Ors. WP(C) No. 2740 of 2012 No report WP(C) No. 4009 of 2012 WP(C) No. 4692 of 2012 No report WP(C) No. 5095 of 2012 46. No report 47. ion of India & 3 Ors. No report WP(C) No. 2892 of 2015 Musstt Jahanara Begum @ Zahanara Begum - Vs- Un Untraced, SP, Barpeta Name deleted, DC, Barpeta. 48. s. WP(C) No. 2902 of 2015 Untraced, SP, Barpeta Musstt Monowara Begum -Vs- Union of India & 3 Or Name deleted, DC, Barpeta WP(C) No. 3850 of 2015 49. Untraced, SP, Dhubri 50. Apprehended in Detention Camp in Kokrajhar, SP, Nagaon. Name deleted, DC, Nagaon Kulsum Khatun -Vs-Union of India & 3 Ors. Jarina Bibi -Vs- Union of India & 5 Ors. Name deleted, DC, Dhubri WP(C) No. 5399 of 2015 4. From the statement furnished by Mr M Bhagabati, learned Government Advoc ate, it is distressing to note that in most cases, the declared foreigner has be en reported as untraced. 10 (ten) Superintendents of Police (B) have not submitt ed compliance report. Even in respect of those where reports have been submitted , barring in six cases, in all the cases, the declared foreigner has been shown as (cid:28)untraced (cid:29). On the other hand, some of the Deputy Commissioners have deleted the names of the declared foreigners from the Voters’ List, whereas, no report h as been received from the other Deputy Commissioners. In a few cases, it is stat ed that process is going on. 5. This is very unfortunate. Sincere efforts should be made and continued t o apprehend the declared foreigners so as to ensure their deportation from India . But irrespective of whether such declared foreigners could be apprehended or n ot, it is the duty of all concerned authorities including the Deputy Commissione rs to strike off their names from the voters list, cancellation of voter identit y card, ration card and such other documents so that such foreigners cannot avai l beneficial schemes meant for the citizens of the country. 6. Let a copy of this order be furnished to the Commissioner and Secretary to the Govt. of Assam, Home and Political Department as well as to the Additiona l Director General of Police (B), Assam through Mr M Bhagabati, learned Govt. Ad vocate, Assam, who shall take up the matter and ensure that the declared foreign ers are apprehended and deported/pushed back from India besides ensuring that su ch foreigners don’t avail any benefit of Government schemes. The authorities can prepare a data base of such declared foreigners and, thereafter, monitor whethe r the consequential steps as indicated above have been taken or not. 7. to be further listed before the Court.
Decision
Since these cases have already been disposed of, these are not required