KAMALUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ application has been filed by the petitioner for issue of a Mandamus directing the authority, more particularly Respondent No. 4 not to deport him from India. The claim is that the petitioner is a citizen of India and he can be deported without following the due process of law as laid down. There is a further prayer not to harass and intimidate the petitioner.

(2.) The case of the petitioner is that he is a citizen of India and resident of village- Kapashbari, P.O.-Murajhar, District-Nagaon. It is also claimed that he possesses land at the particular village. It is further asserted by the petitioner that his name was inserted in the Electoral Roll as published from time to time. The petitioner even contested the last Election in the year 1996 from No. 90, Jamunamukh Legislative Assembly Constituency. It is claimed that as such the petitioner can not be deported from India without resorting to the provisions of Illegal Migrants Determination Act. The object of that Act is to provide for the establishment of Tribunal for the determination in a fair manner, of the question whether a person is an illegal migrant to enable the Central Government to expel illegal migrants from India and for matters connected therewith or incidental thereto. The object of the Act is as follows :-

(3.) In this particular case an affidavit-in- opposition has been filed on behalf of the State of Assam wherein in paragraph-3 it has been stated as follows :-