STATE OF ASSAM Vs. MOSLEM MONDAL

JUDGEMENT

(1.) The State of Assam, represented by the Commissioner & Secretary, Home Department, as well as the Superintendent of Police, Barpeta, have filed the Review Petition No.22/2010 seeking review of the judgment and order dated 01.02.2010 passed by a Division Bench of this Court in Writ Appeal No.238/2008 (Moslem Mondal & ors. Vs. Union of India & ors. reported in 2010(2) GLT 1), on the grounds set forth in the review petition. On 28.04.2010 when the review petition was taken up for consideration by a Division Bench, a prayer was made by the learned counsel appearing for the appellants in WA No.238/2008 to hear all the learned counsel appearing for the parties in the appeal including amicus curiae assisting the Court and to hear the review petition along with other matters, which was accepted by the Court. Vide order dated 17.05.2010, while issuing notice in the review petition, the aforesaid Division Bench consisting of the Hon'ble the then Chief Justice and the Hon'ble Judge, who was one of the members of the Division Bench which decided the WA No.238/2008, referred the matter to a Full Bench considering the "importance of the issue involved in the matter and that there are number of judgments, which if are not taking contrary view but are taking different view" than the view taken by the Division Bench in the aforesaid judgment dated 01.02.2010 passed in WA No.238/2008. Accordingly the review petition along with other connected matters, relevant facts of which are discussed below, relating to detection and deportation of foreigners under the provisions of Foreigners Act, 1946 (in short 1946 Act) read with Foreigners (Tribunals) Order, 1964 (in short the 1964 Order), have been placed before this Full Bench for hearing.

(2.) This review petition arises out of the judgment and order dated 01.02.2010 passed by a Division Bench of this Court in Writ Appeal No.238/2008, which was filed by Moslem Mondal and 17 others, who were the petitioners in WP(C) Nos.1355/2008, 1358/2008, 1359/2008 and 1364/2008, challenging the common judgment and order dated 25.07.2008 passed in WP(C) No.1094/2008 and batch, including the aforesaid writ petitions.

(3.) The Division Bench vide order dated 14.08.2008 while admitting the appeal for hearing, passed an interim direction to re- examine the cases of each one of the appellants by the Tribunal after giving an appropriate opportunity to them as well as to the State to produce such evidence as each of the parties deem fit in the circumstances. The Tribunal was directed to conduct fresh enquiry and to record appropriate conclusion based on the evidence that may be produced by either parties and to place the same before the Division Bench. Accordingly, the Tribunal submitted 6(six) reports, 4(four) pertaining to WA No.238/2008 and one each in connection with WA Nos.264/2008 and 265/2008. Copies of the said reports were also furnished to the learned counsel appearing for the parties. The Division Bench in its order dated 02.12.2008 passed in WA Nos.238/2008, 264/2008 and 265/2008 discussed the aforesaid reports. The petitioners in WP(C) Nos.1355/2008 and 1359/2008 were found to be Indian citizens. One of the petitioners in WP(C) No.1358/2008, namely, Shri Iman Ali and his 4(four) children were found to be Indian citizens. The wife, however, was concluded to be a foreigner. In WP(C) No.1364/2008, while the husband was found to be not an Indian citizen along with the children, his wife was found to be an Indian citizen. The appellants in WA No.264/2008 were found to be foreigners and the sole appellant in WA No.265/2008 an Indian citizen.