BIPLAB KUMAR SHARMA
Shah Mohammed Anowar Ali – Appellant
Versus
State of Assam – Respondent
Biplab Kumar Sharma, J.
1. As the case would reveal, with the narration of the facts below, the following is the state of affairs in the State of Assam on the issue of illegal Bangladeshi migrants, whose presence in the State, in huge numbers, with inclusion of their names in the voter list, is a well known fact.
(i) Bangladeshi nationals can easily enter into Assam mostly without any valid documents and stay back enjoying all the rights, including voting rights of Indian citizens.
(ii) Even if the illegal Bangladeshi migrants are identified to be so by the Foreigners Tribunals established only in the State of Assam after the judgment of the Apex Court in Sarbananda Sonowal v. Union of India & Ors., reported in AIR 2005 SC 2920, followed by Sarbananda Sonowal v. Union of India & Ors., reported in (2007) I SCC 174, they can easily do the act of vanishing and the State administration remains clueless. Their names are also not deleted from the Voter Lists without direction of the Court.
(iii) In most of the cases, where the opinions of the Foreigners Tribunals are upheld by this Court, the report furnished by the police administration is to the effect that their whereabouts are
Sarbananda Sonowal v. Union of India & Ors.
Sarbananda Sonowal v. Union of India & Ors.
Md. Ayub Khan v. Commissioner of Police, Madras, & Ors.
State of UP v. Rahmatulla, reported in AIR 1971 SC 1382
National Human Rights Commission v. State of Arunachal Pradesh & Ann
State of M.P. v. Chintaman Sadashiva
Ambica Quarri Works v. State of Gujarat reported in AIR 1987 SC 1073
Vhanwaroo Khan & Ors. v. Union of India & Ors. reported in (2002) 4 SCC 346
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