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2018 Supreme(Gau) 1350

IN THE HIGH COURT OF GAUHATI
Ujjal Bhuyan, Nelson Sailo, JJ.
State of Assam – Appellant
Vs.
Jamait-E-Ulema-E-Hind – Respondent
Review Pet. No. 5 of 2017
Decided On : 13-07-2018

Advocates Appeared:
For the Appellant :Mr. S.R. Boruah, Advocate, Mr. B.C. Barpatra Gohain, AG, Mr. R.D. Choudhury, Sr. GA, Mr. S.C. Keyal, ASGI and Mr. U.K. Nair, Sr. SC, FT
For the Respondent:Mr. K. Mira-1, Mr. N.H. Mazarbhuyan and Ms. L. Wazeeda, Advocates

Headnote:

Constitution of India , 1950 - Article 258 and 355 - Indian Evidence Act, 1872 - Immigrants Expulsion from Assam Act, 1950 - Foreigners Act, 1946 - Section 3 - Citizenship Act, 1955 - Section 6 and 6 A (1) (b) - Entry into India Act, 1920 - Passport Act, 1967 - Minority communities face harassment - Bill seeks to confer - Petitioners and learned counsel assisted State of Assam represented by Commissioner and Secretary to Government of Assam Home and Political (B) Department and Chief Secretary to Government of Assam are review petitioners and they seek review of order whereby Public Interest Litigation (PIL) filed by respondent Jamiat-E-Ulema-E-Hind Assam Committee was allowed by directing State authorities to constitute Thana Level Committee in several districts of Assam in terms of Government of Assam notification - Held, Court have also seen scheme of Foreigners Act particularly and Foreigners Tribunals Order and Court do not find any scope room for Thana Level Committee contemplated vide Government notification and after IMDT Act and IMDT Rules were declared unconstitutional there is no room for any such Thana Level Committee and Thana Level Committee has got no legal force and no legal authority to accept petitions relating to illegal migrants and thereafter to examine and verify same and they are not mandated in any manner and under any law to take action for detection of foreigners or for their eventual deportation and notification was based on a fallacious premise by providing for members belonging to majority community religious minority community and linguistic minority community. It is not a question of majority community or minority community but it is a question of citizenship; who is a citizen of India and who is not this question has to be determined strictly in accordance with law where Thana Level Committees can have no role or locus-stand and notification – Petition dismissed

ORDER :

Ujjal Bhuyan, J.

Heard Mr. R.C. Barpatra Gohain, learned Advocate General, Assam assisted by Mr. R.D. Choudhury, learned Senior Govt. Advocate, Assam for the review petitioners and Mr. N.H. Mazarbhuyan, learned counsel assisted by Ms. L. Wazeeda, learned counsel for respondent No. 1. We have also heard Mr. S.C. Keyal, learned Assistant Solicitor General of India and Mr. U.K. Nair, learned Senior Special Counsel, Foreigners Tribunal (FT).

2. State of Assam represented by the Commissioner and Secretary to the Government of Assam, Home and Political (B) Department and the Chief Secretary to the Government of Assam are the review petitioners. They seek review of order dated 25.04.2016 whereby the Public Interest Litigation (PIL) No. 103/2015 filed by respondent No. 1 Jamiat-E-Ulema-E-Hind, Assam Committee was allowed by directing the State authorities to constitute Thana Level Committee in several districts of Assam in terms of the Government of Assam notification dated 27.05.2005.

3. Respondent No. 1 had filed the said PIL stating that the question of presence of illegal migrants in the State of Assam is a volatile issue. Inspite of signing of the Assam Accord in 1985 and insertion of section 6A in Citizenship Act, 1955, people belonging to the minority communities face harassment. Many of them have been marked as D voters, i.e., doubtful voters whose cases are required to be determined by the Foreigners Tribunals. The process of detection of foreign nationals has put a heavy cost on the State exchequer besides causing harassment to genuine Indian citizens. In this connection, Government of Assam had issued a notification dated 27.05.2005 constituting committees at the Police Station level to ensure that no genuine Indian citizen is harassed in any manner in the name of suspected foreigners. Though such committees were constituted in some places, it has not been constituted in most parts of the State. In this connection, respondent No. 1 had submitted a representation dated 08.09.2015 to the Hon'ble Chief Minister of Assam but in spite of such submission of representation, Government notification dated 27.05.2005 was not fully implemented. Hence, the PIL.

4. This Court by order dated 25.04.2016 disposed of the PIL by directing the authorities to constitute Thana Level Committee in those districts of Assam wherever those have not been constituted and the Thana Level Committees should thereafter take steps for detection of foreigners for their eventual deportation.

5. For review of the aforesaid order dated 25.04.2016, the present review petition has been filed.

6. Detailed submissions have been made by learned counsel for the parties at the Bar to which we have given our due and thoughtful consideration.

7. Illegal migration of foreigners particularly from East Pakistan and thereafter Bangladesh into Assam is an extremely serious issue and the factum of presence of illegal migrants in the State of Assam in large numbers is judicially acknowledged.

8. Immediately after the independence, Parliament enacted the Immigrants (Expulsion from Assam) Act, 1950 with the avowed objective of expelling illegal migrants from Assam. Preamble of this Act reads as under:-

"An Act to provide for the expulsion of certain immigrants from Assam."

8.1. The Statement of Objects and Reasons of the said Act reads as under:-

"During the last few months a serious situation had arisen from the immigration of a very large number of East Bengal residents into Assam. Such large migration is disturbing the economy of the Province, besides giving rise to a serious law and order problem. The Bill seeks to confer necessary powers on the Central Government to deal with the situation."

9. In 1983, Illegal Migrants (Determination by Tribunals) Act, 1983 (IMDT Act) was enacted to provide for establishment of Tribunals for determination in a fair manner the question as to whether a person is an illegal migrant to enable the Central Government to expel illegal migrants from I





























































































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