SAHIDULLAH MUNSHI,J. - (1.) After hearing Mr.S.K.Mandal, learned Government Pleader appearing on behalf of the Administration it appears that although most of the prayers in the writ petition are not required to be maintained, but still the writ petition is alive with some causes of action for which orders are yet to be passed to consider grant of prayers (c) and (f) to the writ petition. Therefore, the question of maintainability which was kept open by the earlier order is disposed of in favour of the petitioner holding that the writ petition is maintainable as on the present date.
(2.) This writ petition was initially filed with the following prayers:- "a) A Declaration do issue as to the non requirement of issuance of Restricted Area Permit for an Overseas Citizen of India in terms of the Foreigners (Restricted Area) Order, 1963 and the Citizenship Act, 1955 to enter or reside in the Union Territory of the Andaman and Nicobar Islands, not being solely a 'foreign citizen' with no further recognition and/or status connected to the Republic of India, from the Union of India, and the consequential non-application of the Foreigners (Restricted Areas) Order, 1963 to a Overseas Citizen of India; b) In The Alternative to prayer (a) above a Writ of/in the nature of Mandamus do issue commanding the Respondent no. 2 and/or the concerned authority of the Respondents to immediately withdraw, revoke and rescind the Notice No. 14045/10/2015-F-VIII dated 28.02.2018 issued by the Under Secretary, (Visa Division), Ministry of Home Affairs, Foreigners Division, Government of India, New Delhi thereby inter alia rejecting the application for Restricted Area Permit of the petitioner no. 1, and to issue a Long Term Restricted Area Permit to the petitioner no. 1, to enable her to enter the Andaman and Nicobar Islands and to remain at her chosen place of residence on Havelock Islands, with her husband, the petitioner no.2 for whatever period of time she so desires, in tune with the lifelong visa granted to her Indian spouse in India, under whatever conditions this Hon'ble Court may deem fit and proper; c) A Writ of/in the nature of Mandamus quashing and/or setting aside the purported clarification being letter no. 25022/174/2016-F.1. dated 15.11.2016 issued by the Under Secretary to the Government of India in the Ministry of Home Affairs in reference to the letter of the Office of the Foreigners' Registration Officer, Andaman and Nicobar Islands no. Immg. and F./13-64/2016/2912 dated 08.06.2016, and all consequential acts, notices whatsoever, including Notice no. 14045/10/2015-F-VIII dated 28.02.2018 issued by the Under Secretary, (Visa Division), Ministry of Home Affairs Foreigner, Division, Government of India, New Delhi thereby inter alia rejected the work permit of the petitioner no.1, be quashed, and declared nullities, thereby removing the restrictions of working within the Andaman and Nicobar Islands on the petitioner no.1 without a work permit; d) In The Alternative to prayer (c) above a Writ of/in the nature of Mandamus do issue commanding the Respondent no. 2 and/or the concerned authority of the Respondents to withdraw the Notice no. 14045/8 10/2015-F-VIII dated 28.02.2018 issued by the Under Secretary, (Visa Division), Ministry of Home Affairs Foreigner, Division, Government of India, New Delhi thereby inter alia rejected the work permit of the petitioner no.1, and immediately issue the petitioner no.1 a Special Work Permit in line with the requirement of letter no. 25022/174/2016-F.1. dated 15.11.2016 issued by the Under Secretary to the Government of India in the Ministry of Home Affairs in reference to the letter of the Office of the Foreigners' Registration Officer, Andaman and Nicobar Islands no. Immg. and F./13-64/2016/2912 dated 08.06.2016, so as to enable her to continue her work and employment while residing on Havelock Islands, Andaman and Nicobar Islands, with her husband, the petitioner no.2. e) A Writ of Mandamus do issue commanding the Respondent authorities to extend the short term permits at Port Blair itself, without repeated travel in and out of the Andaman and Nicobar Islands by air, and to allow the petitioner no. 1 to remain within the Andaman and Nicobar Islands, till such time as the issue of the Restricted Area Permit applicability to her stand decided by this Hon'ble Court and/or the said Permit is issued to her if so decided to be applicable; f) Writ of Mandamus do issue commanding the Respondent authorities to cease and desist from the continuous monitoring and/or surveillance mounted over the petitioner no.1 by the Respondent no, 11 at the behest of the Respondent no. 9; g) A writ of/in the nature of Mandamus do issue commanding the Respondents and each of them and/or their concerned authority to forthwith cancel and/or quash and/or withdraw all the impugned notice being the 'Draft Notice' dated 24.12.2016 issued to the petitioner no. 1 by the Deputy Superintendent of Police, Immigration and Foreigners, Andaman and Nicobar Islands Police, under reference no. Immg. and F/13- 64/2016/5788 dated 24.12.2016, and the notice being show cause notice under ref. no. Immg. and 13-7/2017/791 dated 18.04.2017 issued from the Office of the Foreigners Registration Officer, Port Blair, as well as Notice no. Notice no. 14045/8 10/2015-F-VIII dated 28.02.2018 issued by the Under Secretary, (Visa Division), Ministry of Home Affairs Foreigner, Division, Government of India, New Delhi thereby inter alia rejected the work permit of the petitioner no.1, and giving any consequential effect to the same in any manner or otherwise; h) A writ of/in the nature of Prohibition do issue prohibiting the Respondents and each of them and/or their men, agents, servants, employees, subordinates and authorities and/or any and/or each of them from:- i) Deporting the petitioner no.1 from her residence on Havelock Island, in the Andaman and Nicobar Islands; ii) From refusing entry to the petitioner no.1 to the Andaman and Nicobar Islands in any from; iii) From taking any other legal action and/or coercive action and/or penal action against the petitioner no.1 for her continued presence in the Andaman and Nicobar Islands till such time as the issue of the Restricted Area Permit applicability to her stands decided and/or the said Permit is issued to her if so decided to be applicable; i) A writ of/on the nature of Certificate calling on the respondents and each one of them to certify and remit the records of the case to this Hon'ble Court such that conscionable justice may be done to the case; j) Pass Appropriate Direction(s)Order(s); k) Issue Rule Nisi in terms of Prayers above; l) Pass an Interim Order in terms of Prayers (e), (f), (g) and (h) above; m) Pass ad-interim Order(s) in terms of the above interim Order, contained in prayer (1); n) Pass suitable Order(s) as to Costs, including legal expenses; o) Pass such other and/or further order or orders, and/or direction or directions as may seem fit and proper." Mr.Deep Kabir, learned advocate appearing for the petitioners submits that the petitioner No.1 is an overseas citizen of India card holder and the restriction imposed earlier, according to him, since been withdrawn by virtue of the notification being No.25022/32/2018-FI dated 29th June, 2018 issued by the Government of India, Ministry of Home Affairs (Foreigners Division), the restricted area permit is no more required for the scheduled Islands as mentioned in the notification itself. The said list is reproduced hereinbelow:- "List Of Inhabited Islands In The Union Territory Of Andaman and Nicobar Islands Excluded From The Restricted Area Permit (Rap) Regime (Ref. para 2 of letter no.25022/32/2018.FI dated 29-06-2018). Inhabited Islands 1. East Island. 2. North Andaman. 3. Smith Island 4. Curfew Island 5. Stewart Island 6. Land Fall Island. 7. Aves Island. 8. Middle Andaman. 9. Long Island. 10. Strait Island. 11. North Passage 12. Baratang 13. South Andaman 14. Havelock 15. Neil Island. 16. Flat Bay. 17. North Sentinel Island. 18. Little Andaman. 19. Chowra 20. Tillang Chong Island. 21. Teressa 22. Katchal 23. Nancowry 24. Kamorta 25. Pulomilo 26. Great Nicobar 27. Little Nicobar 28. Narcondam Island 29. Interview Island."
(3.) Mr.Kabir has drawn attention of this Court to the notification dated 11th April, 2005 being Annexure P-20 at page 152 which says "In exercise of powers conferred by Sub-section (1) of section 7B of the Citizenship Act, 1955 (57 of 1955) the Central Government hereby specifies the following rights to which the persons registered as Overseas Citizens of India under Section 7A of the said Act shall be entitled, namely ? (a) grant of multiple entry lifelong visa for visiting India for any purpose. (b) exemption from registration with Foreign Regional Registration Officer or Foreign Registration Officer for any length of stay in India; and (c) parity with non-resident Indians in respect of all facilities available to them in economic, financial and educational fields except in matters relating to the acquisition of agricultural or plantation properties.";