Supreme Court Disposes of Writ Petitions Regarding Deportation Matters. Court finds that necessary steps for deportation have been initiated by the Union of India, leading to the disposal of the petitions.

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Case Note & Summary

The case involved two writ petitions concerning the deportation of certain individuals, specifically Suram Chand as the petitioner against the Union of India and others as respondents. The court noted that two individuals, Zamir Ahmed Khan and Zafar Ali, had already been deported on January 16, 2008. Another individual, Nasrullah Mansoor, was facing trial in four cases, with two convictions and one acquittal, while the fourth case was pending under the Foreigners Act and Passport Act. The court highlighted that Mansoor had been in custody since 1993 and directed that necessary steps for his deportation should be taken after the resolution of his pending case. Additionally, the court acknowledged that a reminder had been sent to the Tajikistan Embassy regarding Abdul Qadeer, and steps were being taken for his deportation. Ultimately, the court found that no further action was required from the State or the Union of India in these petitions and disposed of both writ petitions accordingly.

Headnote

A) Deportation - Legal Proceedings - Deportation of Individuals - Foreigners Act, 1946, Passport Act, 1967 - Court addressed the status of individuals facing deportation and the actions taken by the Union of India regarding their cases. The court noted that necessary steps for deportation would be taken following the resolution of pending legal matters. Held that the petitions were disposed of as the Union of India had taken appropriate actions (Paras 1-2).

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Issue of Consideration

Whether the necessary steps for deportation of certain individuals have been taken by the Union of India.

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Final Decision

The Supreme Court disposed of Writ Petition (Crl.) No.129 of 2005 and Writ Petition No. 133 of 2005, noting that necessary steps for deportation had been initiated and no further action was required.

Law Points

  • Deportation
  • Foreigners Act
  • Passport Act
  • Writ Jurisdiction
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Case Details

2008 LawText (SC) (02) 475

Writ Petition (crl.) 129 of 2005

2008-02-21

A.K. Mathur, Altamas Kabir

Suram Chand

Union of India & Ors.

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Nature of Litigation

Writ petitions concerning deportation of individuals.

Remedy Sought

Petitioner sought intervention regarding deportation matters.

Filing Reason

Concerns regarding the status of deportation of certain individuals.

Issues

Whether necessary steps for deportation have been taken by the Union of India.

Submissions/Arguments

Union of India submitted that deportation of certain individuals has been initiated. Petitioner sought clarity on the status of deportation and pending cases.

Ratio Decidendi

The court emphasized the importance of timely deportation processes in accordance with legal proceedings under the Foreigners Act and Passport Act.

Judgment Excerpts

Delay condoned. As soon as the decision is delivered in the fourth case, necessary steps be taken forthwith for his deportation in accordance with law.

Procedural History

The court heard the parties and noted the status of deportation for various individuals, leading to the disposal of the petitions.

Acts & Sections

  • Foreigners Act:
  • Passport Act:
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