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Judgment
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. Mazumdar, learned Addl. Advocate General, Assam, appearing for the Home &
Political Department, Assam and Ms. A. Gayan, learned Central Govt. Counsel.
Mr. R. A. Tapadar, learned Registrar Judicial, is present.
Order dated 17.03.2021 reflects that on the last date the learned Advocate General, Assam, had sought time to examine issues such as posting of
newly recruited members of the Foreigners Tribunal and assignment of regular works to them, payment of salary of the members and other
infrastructural issues associated therewith so as to ensure smooth functioning of the Foreigners Tribunal. Time was taken on the last date on the
ground that due to model code of conduct (election) in force in Assam no policy decision can be taken in these matters at that stage.
Today when the matter is called up, Mr. D. Saikia, learned Advocate General, Assam, by forwarding a copy of the Government Notification dated
07.06.2021, submits that all the 179 newly recruited members of Foreigners Tribunals have been assigned independent works under the 100 regular
Foreigners Tribunals. Mr. Saikia submits that these newly recruited 179 members have now been permitted to deal with reference cases pending
before the various Foreigners Tribunals in Assam.
In so far as the non-payment of salary of these members are concerned, the learned Advocate General submits that the matter is being looked into
and immediately after the upcoming Budget session, necessary steps would be taken so as to ensure continuous and regular payment of salary to the
members including payment of their arrear salaries.
In so far as the infrastructural issues are concerned, Mr. Saiikia submits that the matter is also being looked into and appropriate steps would be taken
by the Government to ensure that suitable working condition is available for the learned members of the Foreigners Tribunal to discharge their duties
on day to day basis. The learned Advocate General has, therefore, sought four weeks time to look into the matters and make appropriate submission
before this Court.
The stand adopted by the Government through the learned Advocate General, Assam, appears to be reasonable and therefore accepted by this Court.
On the request of learned counsel for the parties, let this matter be listed again on 29.07.2021 as a fixed item.
In the meantime, it would be open for the Government of Assam, Home and Political Department, to request for necessary data from each of the
Foreigners Tribunals, as regards pendency of total number of cases, so as to formulate an effective policy, facilitating speedy disposal of the pending
reference cases.
Let this matter be listed again on 29.07.2021 as a fixed item.