20210819 gauhati hc on expiry of terms of 100 ft members

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GAHC010114822015
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1754/2015
XXX XXX XXX
VERSUS
IN RE - THE GOVERNMENT OF ASSAM and 3 ANR.
REP. BY THE CHIEF SECY., DISPUR, ASSAM
2:THE SECY. HOME and POLITICAL DEPTT.
GOVT. OF ASSAM
DISPUR
ASSAM
3:THE UNION OF INDIA
REPRESENTED BY I.THE MINISTRY OF HOME AFFAIRS. II. THE MINISTRY
OF EXTERNAL AFFAIRS
4:THE ACCOUNTANT GENERAL
ASSAM
Advocate for the Petitioner : MR. S S DEY (AMICUS CURIAE)
Advocate for the Respondent : MR. S C KEYAL (A.S.G.I)
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 19-08-2021

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Heard Mr. H.K. Das and Mr. A. Das, learned amicus curiae appearing in this case.
Also heard Mr. D. Saikia, learned Advocate General, Assam assisted by Mr. S.C. Keyal,
learned standing counsel, FT, Mr. D. Nath, learned Sr. Govt. Advocate appearing for the
Home & Political Department, Assam and Mr. R.K.D. Choudhury, learned ASGI, appearing
for the Union of India. Mr. R.A. Tapadar, learned Registrar (Judicial), Gauhati High Court is
also present.
By the order dated 29-07-2021, this matter was directed to be posted again on 31-
08-2021, so as to enable the learned counsel for the respondents appearing in this case
to obtain instruction and file affidavit. However, today, the matter has been listed out of
turn, on a request made by Mr. H. Das, learned amicus curiae, urging that there is a
serious issue pertaining to the validity of the opinions rendered by as many as 100
Members of the Foreigners Tribunal, whose term had expired on 23-05-2021 and
although they are still functioning as the Members of the Foreigners Tribunal, their
appointment orders have not been extended till today. As such, an urgent order(s) is
required to be passed by this Court so as to validate their continuance in office w.e.f. 23-
05-2021.
Mr. D. Saikia, learned Advocate General, Assam appearing for the State submits
that the Home Ministry of the Govt. of Assam has already sought necessary clearance
from the Ministry of Home Affairs, Govt. of India, but no response has still been received,
as a result of which, proper notification could not be issued by the State Govt. till today.
Mr. R.K.D. Choudhury, learned ASGI submits that he has already sought instruction
from the Home Ministry on the aforesaid issue and shall place the stand of the Ministry on

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record in the form of an affidavit, on or before 26-08-2021.
In view of the above, today no further order is required to be passed in this case,
save and except directing that the affidavit on behalf of the Union Home Ministry be
brought on record on or before 26-08-2021 by furnishing advance copies upon the other
counsel appearing in this matter.
Registry to list this case again on 31-08-2021, as fixed earlier, along with the
connected misc. cases.
JUDGE
GS
Comparing Assistant