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Judgment
Heard Mr. M. Rakesh, learned counsel appearing for the petitioners and Mr. R.S. Reisang, learned senior G.A appearing for the respondent Nos. 1 & 2 as well as Mr. S. Rupachandra, learned ASG appearing for the respondent Nos. 3 & 4.
Petitioners No.1,2,3,4,7 & 8 when entered into the territory of Churachandpur District, part of the State of Manipur, bordering Myanmar on 02.02.2012, they were arrested by the personnel of 39 Assam Rifles whereas the petitioner Nos. 5, 6 & 9 were apprehended on 29.01.2012 by 35 Assam Rifles. Thereupon the petitioners were handed over to Officer-in-Charge at Singhat Police Station along with report.
Upon which a case was registered as F.I.R No.4(1) 2012 Singhat Police Station under Section 14 of the Foreigners Act, 1946.
In course of time, petitioners were put on trial in which they on being found guilty for the charge were sentenced to undergo imprisonment for 6(six) months. The petitioners served the entire period of sentence. Still they were not released as necessary instruction sought for by the Jail Authority/State Authority from the appropriate authority of the Central Government regarding deportation of the petitioners were not received. Since no response was made, the petitioners continued languishing in jail and in that situation, this application was filed wherein prayer was made to direct the authorities to take decision in the matter relating to grant of asylum or grant of status of refugee.
Matter was heard on several occasions. On the last occasion it was placed before us by Mr. R.S. Reisang, learned senior G.A appearing for the State that the stand which had been taken by the petitioners right from the beginning was that the petitioners should be granted status of refugee but the petitioners seem to have changed their minds whereby they are now interested to be deported to Myanmar and this fact was placed on the basis of the application submitted by the petitioners to the Principal Secretary (Home), Government of Manipur on 16.01.2017. When this fact was placed before the Court learned counsel appearing for the petitioners sought time to verify the said fact. On being verified it was placed to-day that it is correct. In that event, this cril. petition is disposed of by directing the Principal Secretary(Home), Government of Manipur to take decision in the matter relating to deportation of the petitioners to Myanmar in consultations with the Ministry of External Affairs within a period of six weeks.
Thus, this cril. application stands disposed of. Let copy of this order be handed over to Mr. R.S. Reisang, learned senior G.A appearing for the respondent Nos. 1 & 2 and Mr. S. Rupachandra, learned ASG appearing for the Union of India.