IN THE MATTER OF: ABANI GHOSH Vs. STATE

JUDGEMENT

(1.) The instant writ application has been preferred, inter alia, praying for consideration of the petitioner's claim towards grant of registration as a citizen of India and for a direction to release the petitioner from custody in the Midnapore Correctional Home.

(2.) Shorn of unnecessary details, the facts are that the petitioner along with his family members left East Pakistan before the "Mukti Juddha" in the year 1970 and took shelter in India, when he was only 12 years of age. Since then the petitioner is residing in the district of Midnapore along with his family members. On 4th Oct., 1991 the petitioner got married and such marriage was duly registered. Out of the said wedlock two sons were born who are presently aged about 13 years and 21 years. On 30th June, 1998 the petitioner was gifted a plot of land upon which he constructed a thatched house. The said deed of gift was also registered before the competent authority. On proper application the petitioner has been issued Ration Card, Aadhaar Card and Voters Identity Card. The petitioner also made an application towards grant of registration as a citizen of India. As the said representation was kept pending, the petitioner was constrained to approach this Court earlier by a writ application, being W.P. No. 19496 (W) of 2003 and the same was disposed of by this Court on 1st April, 2004 directing the respondent no. 3 to consider the petitioner's application and to pass a reasoned order. The petitioner's repeated representations thereafter were not attended to by the respondents and almost five years thereafter, the petitioner was asked to attend a hearing in the office of the respondent no. 3 on 11th Sept., 2009. Thereafter the petitioner was served a copy of a memorandum dated 10th Jan., 2012 by which the Joint Secretary to the Government of West Bengal, Home Department sought for some instruction from the Secretary to the Government of India, Ministry of Home Affairs. Till date the petitioner's application has not been disposed of by the competent authority. In the midst thereof, an enquiry was conducted by the police authorities and alleging that the petitioner is a citizen of Bangladesh and has entered into this country without valid documents, a First Information Report was lodged and on the basis of the same a prosecution under Sec. 14 of the Foreigners Act was launched against the petitioner being G.R. Case No. 08 of 1983 and a final order was passed in the same on 26th June, 1992 sentencing him to suffer a simple imprisonment for a period of three months and to pay fine of Rs. 200/ - and it was also directed that after expiry of the period of sentence, the petitioner be repatriated to Bangladesh under proper escort. Aggrieved thereby, the petitioner approached the statutory appellate forum but the said appeal was rejected and against such order of rejection the petitioner preferred a criminal revisional application before this Court being Criminal Revision No. 1319 of 1992. By an order dated 30th March, 1997 this Court was pleased to set aside the sentence and imprisonment, barring the sentence undergone by him. The petitioner, thereafter, renewed his prayer for registration as a citizen of India by issuing a letter dated 3rd of Jan., 2004. On 26th of Feb., 2015, the petitioner was again taken into custody in connection with G.R. Case No. 8 of 1983 and ultimately by an order dated 26th Feb., 2016 bail was refused. The Court observed that necessary arrangement may be taken for repatriating him to Bangladesh as there was no specific order as to the stay of push -back.

(3.) In course of hearing, Mr. Sanyal, learned senior counsel appearing for the petitioner submitted that the provisions of the Foreigners Act, Passport Act (Entry into India), 1920 have been amended and in view of such submissions, Mr. Singh, learned advocate appearing for the Union of India was requested to produce the relevant circulars. In response thereto, Mr. Singh has placed before this Court an affidavit affirmed by the Under -Secretary to the Government of India. A perusal of the said affidavit reveals that by a notification dated 7th Sept., 2015 the Foreigners (Amendment) Order, 2015 was promulgated and by a notification of the self -same date, the Passport (Entry into India) Amendment Rules, 2015 were brought into effect.