GAHC010114822015 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1754/2015 XXX XXX XXX VERSUS IN RE - THE GOVERNMENT OF ASSAM and 3 ANR.

REP. BY THE CHIEF SECY., DISPUR, ASSAM 2:THE SECY. HOME and POLITICAL DEPTT.

GOVT. OF ASSAM DISPUR ASSAM

3:THE UNION OF INDIA REPRESENTED BY I.THE MINISTRY OF HOME AFFAIRS. II. THE MINISTRY OF EXTERNAL AFFAIRS

4:THE ACCOUNTANT GENERAL ASSAM Advocate for the Petitioner : , SC, GHC Advocate for the Respondent : MR. S C KEYAL (A.S.G.I), GA, ASSAM,MR. C CHOUDHURY,MR.

R BORPUJARI (SC, FINANCE DEPT.),MR H K DAS, SC, GHC,MS. A GAYAN, CGC,MR. D MAZUMDAR (ADDL GA, ASSAM)

BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

ORDER

10.03.2026 Date :

Heard Mr. H.K. Das, learned standing counsel for this Court as well as Mr. A. Das, learned Amicus curiae. Also heard Mr. B. Sharma, learned Additional Senior Govt. Advocate for the State along with Ms. M. Devi, learned Govt.

Advocate, and Mr. R.K.D. Choudhury, learned DSGI for the Union of India.

2. Pursuant to order dated 03.02.2026, the State respondent nos.1, 2 and 3 have filed an affidavit. The response of the State respondents in tabular form, which is made in paragraph 3 thereof is extracted hereinbelow:

3. In respect of the physical inspection of the Foreigners Tribunals, the Home and Political (B) Department, Government of Assam, by letter dated 05.02.2026 had asked all the District Commissioners/ Co-District Commissioners of the State of Assam to nominate a representative for carrying out physical inspection of the Foreigners Tribunals under their jurisdiction on or before

12.02.2026.

4. The Court is awaiting the joint inspection report as indicated in the said letter dated 05.02.2026.

5. As per directions contained in the order dated 06.01.2026, all the 100 (one hundred) Foreigners Tribunals functioning in 29 districts have provided the details of infrastructure that are available and/or lacking in their respective Foreigners Tribunal as per the format provided. On perusal of the same, except for a few Foreigners Tribunals, the reports depict a very pathetic condition of several of the Tribunals. Some of the Tribunals lack Court Room and Ejlas. Several Tribunals do not have a separate washroom for the learned Members and the staff of the Tribunal. Some do not have washrooms for the litigants. The conditions of the furniture in most of the Tribunals is in very poor condition. In some Tribunals, bare minimum requirement of small items like Eraser, Cash Book and Court Diary are also reported to be not available. Some Tribunals do not have computer, printers, ink cartridge, stationary. The learned standing counsel for this Court and the learned amicus curiae have submitted that due to lack of computer and internet connectivity, several Tribunals do not even have email addresses.

6. Therefore, as prayed for by the learned Additional Senior Government Advocate, the Court is inclined to grant some time to the State to examine the infrastructure conditions of all the 100 Tribunals, which has been forwarded to the learned Additional Senior Government Advocate by email. It shall also be verified if there are computers in working condition and internet connectivity in all the Foreigners Tribunals in the State. It is hoped that the appropriate authorities in the State government will take an urgent decision regarding the infrastructure requirements of all the Foreigners Tribunals and take immediate steps for making the infrastructure available in the Tribunals for efficacious dispensation of justice.

7. The State is put to notice that if basic infrastructure requirements of an appropriate Court Room with Ejlas, washroom facilities for Member and staff and other essential furniture like chair and table is not made available, the State should file an affidavit to inform the Court as to how they desire the Tribunals to function without essential requirements and to also inform as to why the functioning of those Tribunals