Decided on July 13,2018

Jamait-E-Ulema-E-Hind Respondents


UJJAL BHUYAN,J. - (1.) Heard Mr. R.C. Barpatra Gohain, learned Advocate General, Assam assisted by Mr. R.D. Choudhury, learned Senior Govt. Advocate, Assam for the review petitioners and Mr. N.H. Mazarbhuyan, learned counsel assisted by Ms. L. Wazeeda, learned counsel for respondent No.1. We have also heard Mr. S.C. Keyal, learned Assistant Solicitor General of India and Mr. U.K. Nair, learned Senior Special Counsel, Foreigners Tribunal (FT).
(2.) State of Assam represented by the Commissioner and Secretary to the Government of Assam, Home and Political (B) Department and the Chief Secretary to the Government of Assam are the review petitioners. They seek review of order dated 25.04.2016 whereby the Public Interest Litigation (PIL) No.103/2015 filed by respondent No.1 Jamiat-E-Ulema-E-Hind, Assam Committee was allowed by directing the State authorities to constitute Thana Level Committee in several districts of Assam in terms of the Government of Assam notification dated 27.5.05.
(3.) Respondent No.1 had filed the said PIL stating that the question of presence of illegal migrants in the State of Assam is a volatile issue. Inspite of signing of the Assam Accord in 1985 and insertion of Section 6A in Citizenship Act, 1955, people belonging to the minority communities face harassment. Many of them have been marked as D voters, i.e., doubtful voters whose cases are required to be determined by the Foreigners Tribunals. The process of detection of foreign nationals has put a heavy cost on the State exchequer besides causing harassment to genuine Indian citizens. In this connection, Government of Assam had issued a notification dated 27.5.05 constituting committees at the Police Station level to ensure that no genuine Indian citizen is harassed in any manner in the name of suspected foreigners. Though such committees were constituted in some places, it has not been constituted in most parts of the State. In this connection, respondent No.1 had submitted a representation dated 08.09.2015 to the Hon'ble Chief Minister of Assam but in spite of such submission of representation, Government notification dated 27.05.2005 was not fully implemented. Hence, the PIL.;

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