Milan Paul v. The Union of India and 7 Ors

ORDER Date : 07.08.2024 (K.R. Surana, J) Heard Mr. H.A. Sarkar, learned counsel for the petitioner. Also heard Mr. H. Gupta, learned CGC for respondent no.1 and 4; Ms. A. Verma, learned standing counsel for the respondent nos.2 and 6; Mr. H. Kuri, learned counsel appearing on behalf of Mr. A.I. Ali, learned standing counsel for the respondent no.3; and Mr. H.K. Hazarika, learned Govt. Advocate appearing for respondent nos.5 and 7.

¶2As the respondent no.8 is the Foreigners' Tribunal, the Court is of the considered opinion that the respondent no.8 is not a necessary party and therefore, the name of respondent no.8 is ordered to be struck off.

¶3Pursuant to order dated 27.01.2023, the learned counsel for the petitioner has produced a laminated copy purported to be original of the Page No.# 3/4 Certificate of Registration, issued by FRRO, being the Superintendent of Police, Guwahati bearing Memo No. FRRO/Guwahati-493/89/338 dated 26.06.1989 to show that the petitioner has registered herself before the registering authority, which is pursuant to opinion dated 06.06.1989, passed by the learned Foreigners' Tribunal, Guwahati in M.F.T. Case No. 1620/1988, arising out of Police Case No. 417/1988.

¶4Pursuant to order dated 27.05.2024, the learned standing counsel for the Home Department has also produced instructions received by her from the Deputy Commissioner of Police (B), Guwahati confirming that the petitioner has registered herself at FRRO, Guwahati on 19.06.1989 vide FRRO Registration No.

¶98Photocopy of the registrar Form No. XXIV Rule 16(F)3 showing details of the petitioner, namely, Paul Milan is also enclosed therewith.

¶5It may be stated that by filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction against the respondent authorities to remove her name from the list of untraced declared foreigner of post 25.03.1971 of Kamrup district.

¶6As the Deputy Commissioner of Police (B), Guwahati has confirmed that the petitioner has registered herself on 19.06.1989, nothing survives in this writ petition. Accordingly, on satisfaction, the writ petition stands closed.

¶7Instruction produced by the learned standing counsel for the Home Department is kept on record. The original Certificate of Registration produced by the learned counsel for the petitioner is returned.

¶8Before parting with the records, we intend to indicate that upon registration of the petitioner, as the State has admitted the registration of the Page No.# 4/4 petitioner, consequences and benefits owing from the provisions of Section 6(A) of the Citizenship Act, 1955 would follow.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010130102019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3922/2019o MILANoPAULo W/OoSADHANoPAUL,oD/OoNARANDRAoCH.oPAUL,oVILL.oTULSIBARI,oP.S.o RANGIA,oDIST.-KAMRUPo(R) VERSUSo THEoUNIONoOFoINDIAoANDo7oORS.o THROUGHoHOMEoSECRETARY,oMINITRYoOFoHOMEoAFFAIRS,oGOVT.oOFo INDIA,oSHASTRIoBHAWANoNEWoDELHI-1 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoSECRETARY oDEPTT.oOFoHOMEoAFFAIRS oGOVT.oOFoASSAM oDISPUR oGUWAHATI-781006 3:THEoELECTROLoREGISTRATIONoOFFICER oASSAM oDISPUR oGUWAHATI-6 4:THEoSTATEoCO-ORDINATOR oNATIONALoREGISTRATIONoOFoCITIZENo(NRC)oBHANGAGARH oGUWAHATI-5 5:THEoDEPUTYoCOMMISSIONER KAMRUPo(M) oASSAM 6:THEoSUPERINTENDENToOFoPOLICEo(B) oKAMRUP Page No.# 2/4 ASSAM 7:THE OFFICER IN CHARGE OF RANGIA POLICE STATION DIST.-KAMRUP (R) ASSAM 8:THE FOREIGNERS TRIBUNAL GUWAHATI KAMRU Advocate for the Petitioner : MR. H A SARKAR, Advocate for the Respondent : ASSTT.S.G.I., SC, ECI,SC, NRC,SC, F.T BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MR. JUSTICE SOUMITRA SAIKIA