(1.) This appeal is directed against the judgment and order dated 31.01.2014 passed in WP(C) No.7036/2005, whereby and whereunder the learned Single Judge while dismissing the writ petition filed by the appellant Nos.1 and 2, directed the State Government as well as the Superintendent of Police, City, Guwahati, to apprehend them along with their children (appellant Nos.3 and 4) and keep them in detention camp till they are deported to Bangladesh. The learned Single Judge has also directed the respondents to deport them to Bangladesh immediately by observing that the criminal proceeding launched under Section 14 of the Foreigners Act, 1946 (in short the 1946 Act) against them will be of no consequence after lapse of many years of institution.
(2.) The appellant Nos.1 and 2 filed a writ petition, registered and numbered as WP(C) No.7036/2005, praying for a direction to the respondents to consider their applications filed under Section 5(1)(a) of the Citizenship Act, 1955 (in short the 1955 Act) and to pass appropriate orders thereon, in accordance with law, contending inter alia that both the petitioners were born in Guwahati and the petitioner No.1's father was also initially citizen of India born in undivided India. It has further been contended that after partition, the father of the petitioner No.1 permanently settled in Shylet district of the then East Pakistan (now Bangladesh) and due to his old aged ailments, the petitioners along with their first child (Shah Mohammad Aminul Islam, who is the appellant No.3 but was not the writ petitioner) went to Bangladesh in the month of September, 1991 and stayed in Bangladesh up to the month of March, 1992, during which period the second child, namely, Jakia (appellant No.4, who was also not the writ petitioner) was born in Bangladesh on 30.12.1991. The further contention of the writ petitioners was that they again went to Bangladesh in the month of November, 1996 to attend to the ailing father of the appellant No.1 with the intention to return to India as early as possible, but unfortunately as the father of the petitioner No.1 fell seriously ill, for which they have to stay back in Bangladesh and thereafter though they wanted to return to India, they could not do so and under compelling circumstances they had to obtain the passports from the Government of Bangladesh and entered India on 10.05.1997 under Bangladeshi passport and as Bangladeshi national. It has also been pleaded that after expiry of the initial period of Visa, they filed an application for extension from time to time and accordingly the Visa was extended and though their application for further extension of Visa dated 21.03.1998 was under active consideration of the Government, they were arrested along with their minor children (appellant Nos.3 and 4) in connection with Panbazar P.S. Case No.213/1998 (G.R. Case No.2649/1998) registered under Section 14 of the 1946 Act, on the ground that they overstayed in India beyond the period for which Visa was granted. The appellant Nos.1 and 2 further contended in the writ petition that after they were granted bail by the learned Judicial Magistrate, Kamrup, Guwahati, on 04.07.1998, they on 31.08.1998 filed an application under Section 5(1)(a) of the 1955 Act, in the prescribed form, before the Collector, Kamrup at Guwahati, with a copy to the Secretary to the Govt. of India, Ministry of Home Affairs, sent by registered post with the covering letter dated 27.09.1999, which applications having not been considered in accordance with law, the writ petition with the prayer, as noticed above, has been filed.
(3.) The Union of India filed the affidavit-in-opposition contending that no application for grant of citizenship has ever been received by the Ministry of Home Affairs either directly from the petitioners or from the Govt. of Assam with their necessary recommendation, while contending that the writ petitioners having voluntarily acquired the citizenship of another country ceased to be Indian citizen. The State of Assam in the affidavit filed has contended that the writ petitioners after obtaining the Bangladeshi passports entered India via Karimganj on 11.05.1997, with the Visa for 10 days, which was initially extended for a period of 1(one) month w.e.f. 11.06.1997 to 11.07.1997, which was also extended subsequently for a period of 2(two) months w.e.f. 05.07.1997 to 04.09.1997, then again till 21.09.1997 and thereafter though they prayed for further extension, the same was rejected as they have already completed the maximum period permissible of their stay in India i.e. 3(three) months. It has also been pleaded that despite the repeated direction to the writ petitioners, they did not leave India, for which the criminal proceeding under Section 14 of the 1946 Act has been initiated. The Superintendent of Police, City, Guwahati, has also filed the affidavit taking the same stand as has been taken by the State of Assam in its affidavit.