DIPIKA SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. N Dutta, learned Senior counsel for the petitioner. Also heard Ms. M Bhattacharjee, learned Additional Senior Government Advocate appearing for the authorities in the Government of Assam as well as Mr. SC Keyal, learned ASGI for the authorities under the Union of India.

(2.) The father of the writ petitioner, namely, Sri Chittaranjan Sarkar was subjected to a proceeding before the Foreigners Tribunal Kamrup (Metro) in Case No. F.T Kamrup (Metro) No.188/2007 corresponding to IM(D)T Case No.301/2005 and Police Case No.787/2006. In the proceeding before the Foreigners Tribunal Kamrup (Metro), the order dated 31.12.2007 was passed by which the petitioner was declared to be a foreign national who entered Assam after 25.03.1971 and thereafter has been illegally staying in Assam. Correspondingly, the petitioner was also subjected to a proceeding under Section 14 of the Foreigners Act for having violated a Quit India notice which resulted in GR No.2578/2009 before the learned Chief Judicial Magistrate, Kamrup Guwahati. By the judgment dated 30.04.2012, the father of the petitioner, Sri Chittaranjan Sarkar was held guilty of an offence punishable under Section 14 of the Foreigners Act and, accordingly, he was convicted and sentenced to undergo an imprisonment for one year and six months. On an appeal being carried by Sri Chittaranjan Sarkar before the Additional Sessions Judge No.1, Kamrup Guwahati which was registered as Criminal Appeal No.55/2012, the conviction and sentencing by the learned Chief Judicial Magistrate was upheld. In the resultant situation, the petitioner served out the sentence of one year and six months and his sentence came to an end on 08.11.2019. During the serving out of the sentence, the father of the petitioner Sri Chittaranjan Sarkar was lodged at Central Jail at Guwahati. After he completed the sentence he was shifted to the detention centre attached to the District Jail at Goalpara and since then he is in detention.

(3.) The learned senior counsel for the petitioner relies upon the pronouncement of the Supreme Page No.# 3/5 Court in its order dated 10.05.2019 in Writ Petition(Civil)No.1045/2018 wherein the following order was passed: