Sut Khan Kim and 8 Ors v. The Union of India and 6 Ors

ORDER Date : 12.09.2024

Heard Mr. S. Dutta, learned Sr. counsel assisted by Mr. S. Dutta, learned counsel for the applicants. Mr. H. Gupta, learned CGC appearing for the respondent.

¶2This is an application filed by the applicants praying for conducting video conferencing to facilitate applications to be made to United Nations High Commissioner for refugees at New Delhi seeking the refugee status by the applicants.

¶3The case of the applicants is that they travelled from Myanmar in a bus and entered India without requisite travel documents and then through Imphal they reached Guwahati, Assam on 12.09.2021 and checked into hotel at Rihabari. The Paltanbazar police on receipt of the information, conducted a raid in the hotel and found sixteen male and ten female staying at the hotel and their identity and nationality were found to be suspicious. Upon interrogation, it was found that all twenty six were citizens of Myanmar and they entered India with forged documents. Accordingly, a case was registered. After completion of investigation, charge-sheet has been laid under Section 468 IPC read with Section 14 of Foreigners Act and Section 3, 4 and 6 of Passport (Entry into India) Act. After completion of trial, the applicants were convicted and sentenced to undergo simple imprisonment for six months and the trial court also directed the Superintendent of Guwahati Central Jail to hand over the Page No.# 8/9 custody of the convicts to the DCP (Border), Guwahati for the purpose of initiating the process of deporting the convicts outside the territory of India vide order dated 21.10.2022. After serving the term of sentence in the jail, the petitioners are detained in the transit camp, Matia, Goalpara awaiting repatriation to their country of origin i.e. Myanmar.

¶4According to learned Sr. counsel for the applicants, though the applicants presently detained in the transit camp Matia, Goalpara but they have already served out the sentence and as such there is no element of criminality attached to them except for the fact that being foreigners, they are liable to be deported to the country of their origin. It is further submitted that the process of repatriation is taking a long period and considering the apprehension that the applicants may not get fair treatment after being repatriated to Myanmar. Hence, the applicants desire to seek refugee status from the United Nations High Commissioner for refugees at New Delhi.

¶5The learned Sr. counsel has specifically submitted that the prayer of applicants is to direct the concerned authorities to provide video conferencing facilities to the applicants so that they may seek refugee status from United Nations High Commissioner for Refugees at New Delhi.

¶6Learned CGC submits that India is not a signatory to United Nations Convention of 1951 relating to the status of refugees and India does not recognize refugee status granted by UNHCR. It is further submitted that the deportation/repatriation of the illegal migrants i.e. the applicants is being done by the State Government of Assam and in that regard communication has been made with the State Government of Assam for their deportation. Page No.# 9/9

¶7It is further submitted that the applicants are the illegal migrants and are foreigners. The fundamental right to reside and settle in this country guaranteed under Article 19 is available only to the citizens. The Government of India cannot facilitate the applicant's prayer seeking refugee status as the same is not permissible in law. Hence, the learned CGC has prayed for dismissal of the prayer of the applicants.

¶8Having heard the learned counsel for the parties and on perusal of the records along with the documents available therein, the admitted position is that the applicants are foreigners, citizens of Myanmar. Though the applicants were convicted by the trial court, but they served out the sentence. Now they are detained in detention camp at Matia, Goalpara, Assam. Through this application the applicants prayed to direct the authorities to provide video conferencing facilities so that they could make request to the UNCHR at New Delhi to grant them refugee status

¶9Under the facts and circumstances of the case, if the applicants desire to seek refugee status from the United Nations High Commissioner for Refugees at New Delhi, this Court is of the view that the right to seek the same cannot be denied. The concerned authorities of the detention camp, Matia, Goalpara is directed to make necessary arrangements for such conversation through video conferencing facility.

¶10In view of the above, interlocutory application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/9 GAHC010097512024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1420/2024o SUToKHANoKIMoANDo8oORSo S/O-oKHAIoZAoKAP,o R/O-oNEWoLAIBONG,o P.S-oKHAIoKAMo,oDIST-oHAKHA,oSTAEo-oCHIN,oMYANMAR 2:oNUAMoNGAIHoKHAM oS/O-oKHUALoZAoMANG o R/O-oPIMPIH o P.S-oTIDDIM oDIST-oHAKHA oSTATEo-oCHIN oMYANMAR 3:oKAMoSIANoLIAN oS/O-CINoNGAIHoTHANG o R/O-oPYIADAWTHA o P.S-oKANY oDIST-oSAGAING oSAGAINGoDIVISION o oMYANMAR 4:oTHANGoSIANoMUANG oS/O-LANGoKHANoKAP o R/O-oPYIADAWTHA o PageoNo.#o2/9 P.S-oKALY oDIST-oSAGAING oSAGAINGoDIVISION o oMYANMAR 5:oTHANGoHOoSIAM oS/O-THANGoTHAWHoMUNG o R/O-oNEWoLAIBONGo P.S-oKHAIKAN oDIST-oHAKHAoDIVISION oSTATE-oCHINoMYANMAR 6:oDAIoSIANoNEM oS/O-oNGINoKHANoTHANGo o R/O-KHAIoKAM o P.S-oKHAIoKAM oDIST-oHAKHAo o STATE-oCHINoMYANMAR 7:oAWIoKHAWMoHUAI oS/O-CINoKHUAoMANGo o R/O-oTAHNo P.S-oKALAYMYO oKALAYoTOWNSHIP oSAGAINGoDIVISION oMYANMAR 8:oDINoLANoCING oD/O-KHAIoZAoKAP o R/O-oKHAIoKAM o P.S-oKHAIoKAM oDIST-oHAKHAo o STATE-oCHINoMYANMAR 9:oCINGoTHAWHoSIAM oD/O-DALoSUANHoNGING o R/O-oKHAIoKAM o PageoNo.#o3/9 P.S-oKHAIoKAM oDIST-oHAKHAo o STATE-oCHINoMYANMAo VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REP.oBYoTHEoMINISTRYoOFoHOMEoAFFAIRS,oGOVT.oOFoINDIA,oSASTRIo BHAWAN,oNEWoDELHI-o110001. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoHOMEoDEPARTMENT o GOVT.oOFoASSAM o oDISPUR oGUWAHATI-6 3:THEoSUPERINTENDENToOFoPOLICEo(B) oGUWAHATI oASSAM 4:THEoSUPERINTENDENT oOFoGUWHATIoCENTRALoJAIL 5:THEoDEPUTYoCOMMISSIONER oGUWAHATI oKAMRUPo(M) oASSAM 6:THEoUNIONoOFoINDIA oTHROUGHoTHEoMINISTRYoOFoDEFENCEo SOUTHoBLOCK oNEWoDELHI-11 7:THEoUNIONoOFoINDIA oTHROUIGHoTHEoMINISTRYoOFoEXTERNALoAFFAIRSo oROOMoNO-2021o oAoWING o J.LoNEHRUoBHAWAN o23-D oJANPATH oNEWoDELHI-o110011o Page No.# 4/9 Advocate for the Petitioner : MR. S DUTTA, MR. C SHARMA Advocate for the Respondent : DY.S.G.I., GA, ASSAM Linked Case : W.P.(Crl.)/21/2023 SUT KHAN KIM AND 8 ORS S/O- KHAI ZA KAP R/O- NEW LAIBONG P.S- KHAI KAM DIST- HAKHA STAE - CHIN MYANMAR 2: NUAM NGAIH KHAM S/O- KHUAL ZA MANG R/O- PIMPIH P.S- TIDDIM DIST- HAKHA STATE - CHIN MYANMAR 3: KAM SIAN LIAN S/O-CIN NGAIH THANG R/O- PYIADAWTHA P.S- KANY DIST- SAGAING SAGAING DIVISION MYANMAR 4: THANG SIAN MUANG S/O-LANG KHAN KAP R/O- PYIADAWTHA P.S- KALY PageoNo.#o5/9 oDIST-oSAGAING oSAGAINGoDIVISION o oMYANMAR o5:oTHANGoHOoSIAM S/O-THANGoTHAWHoMUNG o R/O-oNEWoLAIBONGo P.S-oKHAIKAN oDIST-oHAKHAoDIVISION oSTATE-oCHINoMYANMAR o6:oDAIoSIANoNEM S/O-oNGINoKHANoTHANGo o R/O-KHAIoKAM o P.S-oKHAIoKAM oDIST-oHAKHAo o STATE-oCHINoMYANMAR o7:oAWIoKHAWMoHUAI S/O-CINoKHUAoMANGo o R/O-oTAHNo P.S-oKALAYMYO oKALAYoTOWNSHIP oSAGAINGoDIVISION oMYANMAR o8:oDINoLANoCING D/O-KHAIoZAoKAP o R/O-oKHAIoKAM o P.S-oKHAIoKAM oDIST-oHAKHAo o STATE-oCHINoMYANMAR o9:oCINGoTHAWHoSIAM D/O-DALoSUANHoNGING o R/O-oKHAIoKAM o P.S-oKHAIoKAM Page No.# 6/9 DIST- HAKHA STATE- CHIN MYANMAR VERSUS UNION OF INDIA AND 6 ORS REP. BY THE MINISTRY OF HOME AFFAIRS GOVT. OF INDIA SASTRI BHAWAN NEW DELHI- 110001. 2:THE STATE OF ASSAM REP. BY THE HOME DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-6 3:THE SUPERINTENDENT OF POLICE (B) GUWAHATI ASSAM 4:THE SUPERINTENDENT OF GUWHATI CENTRAL JAIL 5:THE DEPUTY COMMISSIONER GUWAHATI KAMRUP (M) ASSAM 6:THE UNION OF INDIA THROUGH THE MINISTRY OF DEFENCE SOUTH BLOCK NEW DELHI-11 7:THE UNION OF INDIA THROUIGH THE MINISTRY OF EXTERNAL AFFAIRS ROOM NO-2021 A WING J.L NEHRU BHAWAN 23-D JANPATH NEW DELHI- 110011. ------------ Advocate for : MR. S DUTTA Advocate for : DY.S.G.I. appearing for UNION OF INDIA AND 6 ORS Page No.# 7/9 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI