MALIK ASTUR ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioners seek quashing of the orders contained in letters no.813, 814 and 817 all dated 14.3.1989 issued by the Under Secretary, Home Department, Government of Bihar, Patna ordering them to leave India within three days from the service of the order.

(2.) The background facts essential for the determination of this case are that a First Information Report was instituted against the present Petitioners on 25.6.1983 by way of a written statement submitted by the Officer Incharge, Barari P.S. u/s.14 of the Foreigners Act.

(3.) The allegation in the First Information Report was that on a secret information received that some Bangladeshis had come near Azampur Shankar Bandh the Informant along with other police officials went to the place of occurrence to conduct an inquiry and examined Panjab Ali and Shaukat Ali of Village Aajpur Ranighat and the Mukhiya of Durgapur Panchayat i.e. Manzoor Alam and Chaukidar Bhushan Rishi. All these persons reportedly told him that Petitioner No. 1 along with two girls, namely, Bibi Rahima and Bibi Fatima and the other two Petitioners had been living on the Bandh since 4-5 years. They had heard that these Petitioners had come from Bangladesh having fled from there. The Petitioner Nos. 1 and 2 reportedly did not produce any passport or document authorising their stay in India. It was alleged that the Petitioners had committed an offence u/s.14 of the Foreigners Act since they were without any passport or any document with regard to stay in India.