ORDER
B.B. Deb, J.
1. Heard Mr. A.R. Sikdar, learned counsel for the petitioners and Mr. K. C. Mahanta learned Government Advocate, Assam.
2. The two petitioners have been asked by the Superintendent of Police, City, Guwahati to Quit India within a period of 15 days. For better appreciation the said two notices issued by the Superintendent of Police (B) City, Guwahati are re-produced below :-
“Office of the Superintendent of Police (B) City, Guwahati.
ORDER
No. 13/2000
Dated the 13th March, 2000.
In exercise of the powers conferred by Clauses (a), (6), (c) and (cc) of subsection (2) of Section 3 of the Foreigners Act, 1946 (31 of 1946) read with Government of India, Ministry of Home Affairs Notification No, 1/32/61-(III), F. III, dated the 15th March, 1962. I, Shri B. J. Mahanta, IPS, Superintendent of Police City, Guwahati, District, hereby, order that the foreigner known as Shri Manmohan Paul, son of Bharat Cha Paul a Bangladesh national/erstwhile Pakistani national now residing at village Barbila Police Station Khetri, District-Kamrup (Assam) shall leave India within a period of 15 days from the date of this order and shall not thereafter re-enter India.
Sd/-
Superintendents of Police, (B)
City, Guwahati.”
“Office of the Superintendent of Police (B) City : Guwahati.
ORDER
No. 04/2000
Dated the 13th March, 2000.
In exercise of the powers conferred by Clauses (a), (b), (c) and (cc) of Sub-section (2) of Section 3 of the Foreigner Act, 1946 (31 of 1946) read with Government of India, Ministry of Home Affairs Notification No. 1/32/61-(III), F. III, dated the 15th March, 1962. I, Shri B.J. Mahanta, IPS, Superintendent of Police, City, Guwahati District, hereby, order that the Foreigner known as Shrimati Rani Bala Paul, a Bangladesh national/ erstwhile Pakistani national now residing at village Barbila, Police Station-Khetri District, Kamrup (Assam) shall leave India within a period of 15 days from the date of this order and shall not thereafter re-enter India.
Sd/-
Superintendent of Police (B)
City, Guwahati.”
There is no mentio in the impugned notices that on some enquiry or on verification, the authority has been satisfied as to the violation of law or Rules rendering the petitioners to be departed. The impugned Quit India notices appear to be mechanically issued without consideration of any materials on record. On this point, the learned counsel for the petitioner has invited my attention to some of the annexures appended in the petition. On perusal of the annexure-2 to the writ petition, it appears that petitioner No. 1 had read in Manaha M. E. School, Nagaon and completed the academic Session in 1963 and his date of birth was 1.8.1950 and another certificate issued by the Head Master of D. N. Himatsingka Govt. High School, Kokrajhar on 12.1.1965 which shows that the petitioner No. 1 took part in inter Class Football Competition of the Session 1964. Further a sworn affidavit dated 6.5.1953 (Annexure-4 to the writ petition) reveals that the petitioner No. 2, Ranibala Paul came into India in April, 1953. From these documents it appears that both the petitioners had been in India prior to 1.1.1966. The left East Pakistan for ever and there is no allegation that they left India thereafter and again re-entered. In the absence of such allegation, the petitioners can not be said to be Foreigner in view of the related laws and as such the impugned orders of Quit Indian are liable to be quashed. Accordingly, the impugned Quit India Notices are hereby quashed.
The petition is allowed. No order as to the cost.