SUBHASH CH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. N.N. Karmakar, learned counsel for the petitioner and Mr. S.C Keyal, learned counsel appearing for the respondent authorities in the Union of India.

(2.) The petitioner claims that he is a citizen of India by birth and he was born on 01.01.1961 at Nalapara village under Paneri Police Station of Mongaldoi Sub Division of Darang district. He had education from various institutes in Darang district and the names of his parents also appeared in the NRC of 1951. But, however, the petitioner was arrested by the police from his residence on 28.01.2016 around 7.00 p.m. and took him to Tamulpur Police Station of Nalbari district, where he was detained till 29.01.2016. Thereafter, he was taken to Musalpur Police Station of Nalbari district and subsequently taken to a detention camp in Goalpara District Jail, Assam. Thereafter, the petitioner came to know from the police on 28.01.2016 that he was being arrested for being deported to Bangladesh in compliance with the order dated 04.09.2013 of the Foreigners Tribunal, Nalbari, Assam in F.T.(Nal) B Case No.2737/2007.

(3.) Subsequently, the petitioner filed a petition being Misc Case No.9/Baksa/2016 in F.T Case No.287/Baksa/2016 [F.T(Nal) B Case No.2737/2007] for vacating the ex-parte order of 04.09.2013. But the said Misc Case was dismissed by an order dated 16.04.2016. Thereafter the petitioner had approached this Court by way of a writ petition being WP(C) No.3275/2016, inter-alia assailing the order dated 04.09.2013 of the Foreigners Tribunal, Nalbari. But the Division Bench of this Court by an order dated 02.06.2016 had dismissed the said writ petition.