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2025 DAILYLAW 1921 (TRI)

MD. KAWSAR SHIBLU v. UNION OF INDIA AND 8 OTHERS

WP(C)/541/2025 · 2025-09-25

T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA WP(C) 541 of 2025 MD. KAWSAR SHIBLU, son of Md. Shamsul Alam, aged about 36 years, resident of 13B Avu Du General Lecle, 93500, Pantin, France, presently detained in Detention Centre, Narsinghar, P.S. Airport, District- West Tripura; ………..Petitioner VERSUS 1) Union Of India, represented by The Secretary, Ministry of Home Affairs, Government of India, Central Secretariat, North Block, New Delhi: 2) The Secretary, Ministry of Home Affairs, Government of India, Central Secretariat, South Block, New Delhi. 3) The State Of Tripura, represented by The Secretary, GA(Political) Department, Government of Tripura, New Secretariat Building. P.O. New Secretariat-799010, P.S. New Capital Complex, District- West Tripura; 4) The Director, Social Welfare Department, Government of Tripura, Malancha, Abhoynagar, P.O. Abhoynagar-799006, P.S. East Agartala, District- West Tripura; 5) The Dm & Collector, West Tripura District, Agartala; 6) The Superintendent Of Police, West Tripura District, Agartala; 7) Union Of India, Represented by Secretary, Ministry of External Affairs, Central Secretariat, South Block, New Delhi-1; 8) Secretary, Ministry of External Affairs, Central Secretariat, South Block, New Delhi-1; 9) Secretary, Ministry of Home Affairs, Central Secretariat, North Block, New Delhi-1; 10) Commissioner, Bureau of Immigration, East Block-VIII, Level-V, Sector-1, R.K. Puram, New Delhi-110066, (Added as per Suo-moto order dated 25.09.2025) ……..Respondents. Page 2 of 3 For the Petitioner(s) : Mr. S. Lodh, Advocate. Mr. K. Roy, Advocate. Mr. S. Majumder, Advocate. For the Respondent(s) : Mr. B. Majumder, Dy. S.G.I Mr. Kohinoor N. Bhattacharyya, G.A. BEFORE HON’BLE JUSTICE DR. T. AMARNATH GOUD O R D E R 25.09.2025 [1] Heard learned counsel appearing for both the parties. [2] This present writ petition is filed under Article 226 of the Constitution of India seeking the following reliefs: i. ISSUE RULE, calling upon the respondents and each one of them, to show cause as to why for issuance of a Writ of Certiorari and/or in the nature thereof, for calling for the records, lying with the respondents, for rendering substantial and conscionable justice to the petitioner; ii. ISSUE RULE, calling upon the respondents and each one of them, to show cause as to why for issuance of a Writ of Mandamus and/or in the nature thereof, for mandating/directing the respondents to repatriate the petitioner to France; iii. Pass an interim order releasing the petitioner from detention camp; iv. After hearing the parties, be pleased to make the Rules absolute in terms of Prayer ii. above; V. Call for the records, appertaining to this petition; vi. Costs of and incidental to this proceeding; iv. Any other relief(s) as to this Hon'ble High Court may deem fit and proper.” [3] After perusal of the record, it has been seen that the petitioner herein submitted representations dated 28.04.2025 and 30.04.2025 in the form of emails, addressed to concerned respondent(s) ventilating his grievances but till date the petitioner herein has not got any positive response from the concerned respondent(s). [4] In view of the same, without expressing any opinion on merits of the case, this present writ petition is disposed of directing the respondent Nos. 7, 8 and 9 to consider the case of the petitioner in light of the emails dated 28.04.2025 and 30.04.2025, on priority basis and in addition to this, the petitioner is also permitted to represent the matter before the Commissioner, Bureau of Immigration, East Block-VIII, Level-V, Sector-1, R.K. Puram, New Delhi-110066, being the respondent No.10 to repatriate the petitioner to his country i.e. France. This exercise shall be completed within a period of one month from the date of receipt of the copy of this order in accordance with law. As such, this Court Suo-moto impleads Commissioner, Bureau of Immigration, as respondent No.10. [5] Registry is directed to communicate the order to respondent Nos. 1 to 10. [6] With the above direction, this present writ petition stands disposed of. As a sequel, miscellaneous application(s), pending if any, shall stand closed. DR. T.AMARNATH GOUD,J Paritosh SABYASAC HI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.09.26 14:52:51 +05'30'