LAWS(GAU)-2011-4-27

ANWAR ALI Vs. STATE OF ASSAM

Decided On April 21, 2011
MD. ANWAR ALI Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This writ petition is directed against the judgment and order dated 17.6.2005 passed by the then Illegal Migrants (D) Tribunal, Hojai, Sankardev Nagar in case No. IMDT/H/683/91, declaring the 4 (four) Petitioners to be illegal Bangladeshi migrants who entered into Assam after the cut off date, which is 25.03.1971.

(2.) In the writ petition, there is no explanation about the inordinate delay in filling the writ petition after about 6(six) years of the said judgment and order. This must be because of all round protection extended to such illegal migrants by the State Administration. Although, the Petitioners were declared to be illegal migrants by the said judgment and order dated 17.6.2005, the State Administration did not take any action to deport them for the last six years. Not only that the proceeding before the Tribunal took long 20(twenty) years for the eventual declaration that the Petitioners are illegal migrants. This is how the illegal migrants whose presence in the State in lakhs is an admitted position, are being detected, making a mockery of the entire system of detection and deportation of illegal migrants.

(3.) In the writ petition, although the Petitioners have put to challenge the aforesaid judgment and order dated 17.6.2005 passed by the then IMDT, Hojai, Sankardev Nagar in case No. IMDT/H/683/91 but no ground has been urged in the writ petition as to why the same is liable to be interfered with. Only ground if the same can be said to be ground towards assailing the said order are in paragraphs 11 and 14 of the writ petition, which are reproduced below: