LAWS(GAU)-2012-3-24

MOZIDUR RAHMAN AKAND ALIAS MOZIDUR RAHMAN Vs. UNION OF INDIA, REPRESENTED BY THE MINISTRY OF HOME AFFAIRS NEW DELHI

Decided On March 01, 2012
MOZIDUR RAHMAN AKAND @ MOZIDUR RAHMAN Appellant
V/S
UNION OF INDIA, REPRESENTED BY THE MINISTRY OF HOME AFFAIRS, NEW DELHI Respondents

JUDGEMENT

(1.) THIS writ petition is directed against the judgement dated 27.2.2008 passed by the Foreigners Tribunal, Kamrup (Metro) in FT Kamrup(M) Case No. 429/2007, corresponding to IM(D)T Case No. 321/2005 and Police Case No. 651/2006 (State of Assam Vs. Md. Majidur Rahman), by which the petitioner has been declared to be a foreigner (illegal Bangladeshi Migrant) who entered Assam (India) after the cut off date i.e. 25.3.1971.

(2.) THE writ petition was entertained by order dated 5.6.2009 with an interim order directing the petitioner to surrender before the Senior Superintendent of Police (B), Guwahati City by 12.6.2009. However, it was provided that he would not be deported from India.

(3.) AFTER such non-compliance of the order of this Court by the petitioner, upon invoking writ jurisdiction of this Court, the petitioner filed an additional affidavit on 1.11.2011 through his relation, in which it has been stated that after filing of the writ petition, the petitioner had gone to Meghalaya where he remained for about 2 (two) years and could come back only in August, 2011. According to the said affidavit, the petitioner was not aware of the orders passed by this Court in his own writ petition.