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Gauhati High Court disposes of suo motu PIL on deportation of minor Bangladeshi national

Dev Choudhury, Additional Solicitor-General, submitted, on the basis of instructions dated 02.12.2021, that the matter has been taken up with the concerned authorities.

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The Gauhati High Court recently disposed of a suo motu PIL pertaining to the deportation of a minor child, a Bangladeshi national, to Bangladesh.

The Court, vide order dated 22.11.2021, desired to know from the Assam Government as well as the Ministry of Home Affairs and the Ministry of External Affairs, Government of India as to the procedure for the deportation of such foreigners to the concerned country of origin.

The child in issue had been released by the Juvenile Justice Board, Cachar after counseling vide order dated 09.02.2021. Dev Choudhury, Additional Solicitor-General, submitted, on the basis of instructions dated 02.12.2021, that the matter has been taken up with the concerned authorities.

On the other hand, H. Hazarika, Government Advocate, Assam, submitted on the basis of written communication dated 06.12.2021, received from the Superintendent of Police (B), Srimantapur, Guwahati, Assam that the child of Bangladeshi national had been deported/repatriated to Bangladesh through Dawki Immigration Point, West Jaintia Hills, Meghalaya and Tamabil Immigration Point of Bangladesh as per,

1. The Assistant High Commission of Bangladesh, Guwahati letter dated 02.12.2021 and Travel Permit (TP) dated 02.12.2021 issued by the Assistant High Commissioner of Bangladesh, Guwahati,

2. The Superintendent of Police (B), Assam, Guwahati Memo dated 03.12.2021.  Child was handed over by Shri Pradip Konwar, APS, Addl. Superintendent of Police (B), Cachar, Silchar and taken over by Sub-Inspector of Police R. Kharakor of Tamabil Immigration Check Post, Dawki, Meghalaya.

It is submitted that handing over of the child has been duly acknowledged by the authorities of Bangladesh and, as such, nothing survives for consideration by the Court , observed Justice N Kotiswar Singh and Justice Malasri Nandi.

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Therefore, the Bench closed the suo motu PIL. It is pertinent to note that the PIL (suo motu) has been taken up on the strength of a letter dated 02.11.2021 written by one Sankar Das, Team Member, Child line 1098 Silchar, Cachar, Assam, in which he has apprised the Chief Justice of Gauhati High Court,  of the condition of a minor who is admittedly a resident of Bangladesh, who was arrested on 15.09.2020 by the BSF in connection with possession of certain contraband narcotic items regarding which an F.I.R. was registered in Katigorah P.S. under Section 14 of the Foreigners Act read with Section 20(b) of the NDPS Act.

It has been stated in the said letter that the said minor boy was proceeded before the Juvenile Justice Board, Cachar, Silchar and the Board found him guilty under Section 14A of the Foreigners Act and directed to release him after counseling vide order dated 09.02.2021 passed by Principal Magistrate, Juvenile Justice Board, Cachar, Silchar .

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