Lok Sabha Question No. 322 (UNSTARRED), answered on 2020-02-04
Subject: Cases referred to FTs
Ministry: HOME AFFAIRS
Asked by: Ramya  Haridas

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 322

TO BE ANSWERED ON THE 04 TH  FEBRUARY, 2020/MAGHA 15, 1941 (SAKA)

CASES REFERRED TO FTs

322.  MS. RAMYA HARIDAS:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) the details of people referred to the Foreigners Tribunals during the last three years along with the reasons therefor;

(b) the details of people kept in detention camps after decision of the Foreigners Tribunals during the above mentioned period; and

(c) the details of people released from the detention camps during the last three years along with the reasons therefor?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI NITYANAND RAI)

a)  As  per  information  furnished  by  Government  of  Assam,  number  of  cases referred to the Foreigners Tribunals in Assam during last three years is as follows:

Year

No. of cases

referred

2017

9457

2018

2051

2019 (upto

Nov., 2019)

599

Total

12107

As per the Foreigners (Tribunals) Order, 1964, as amended from time to time, following types of cases are referred to the Foreigners Tribunal:-

## LS.US.Q.NO.322 FOR 04.02.2020

- (i)    To give opinion on a reference made as to whether a person is a foreigner or not within the meaning of the Foreigners Act, 1946.
- (ii)   To give an opinion on a reference made by the registering authority appointed under sub-rule (1) of rule 16F of the Citizenship Rules, 1956 (presently sub-rule (1) of rule 19 of the Citizenship Rules, 2009) as to whether a Person of Indian Origin complies with any of the requirements under sub-section (3) of section 6A of the Citizenship Act, 1955.
- (iii)      To  decide  on  an  appeal  filed  by  a  person  in  terms  of  paragraph  8  of  the Schedule  to  Citizenship  (Registration  of  Citizens  and  issue  of  National  Identity Cards) Rules, 2003.
- (b)    As per information received from Government of Assam, number of detenues kept in holding centre (erstwhile Detention Centre) for the last three years, after declaration as foreigners by the Foreigners Tribunal is as follows:

| S.    | Name of        |   Nos. of Detenues |   Nos. of Detenues |   Nos. of Detenues |       |
|-------|----------------|--------------------|--------------------|--------------------|-------|
| No.   | Holding Centre |               2017 |               2018 |               2019 | Total |
| 1     | Goalpara       |                 89 |                 42 |                 78 | 209   |
| 2     | Kokrajhar      |                 48 |                 26 |                 31 | 105   |
| 3     | Silchar        |                 32 |                 41 |                 06 | 79    |
| 4     | Tezpur         |                202 |                177 |                282 | 661   |
| 5     | Jorhat         |                 61 |                106 |                119 | 286   |
| 6     | Dibrugarh      |                 17 |                 15 |                 09 | 41    |
| Total | Total          |                449 |                407 |                525 | 1381  |

## LS.US.Q.NO.322 FOR 04.02.2020

(c)      As  per  information  available  from  Government  of  Assam,  the  details  of detenues  released  from  the  Holding  centre  (erstwhile  detention  Centre)  are  as follows:

| Sl.No.   | Name of        | 2017   | 2018   | 2019   | Total   |
|----------|----------------|--------|--------|--------|---------|
|          | Holding Centre |        |        |        |         |
| 1        | Goalpara       | 45     | 20     | 99     | 164     |
| 2        | Kokrajhar      | 32     | 12     | 74     | 118     |
| 3        | Silchar        | 09     | 20     | 04     | 33      |
| 4        | Tezpur         | 114    | 42     | 115    | 271     |
| 5        | Jorhat         | 26     | 34     | 75     | 135     |
| 6        | Dibrugarh      | 16     | 14     | 10     | 40      |
|          | Total          | 242    | 142    | 377    | 761     |

Government of Assam has informed that these detenues have been released on  account  of  (i)  repatriation  (ii)  under  instruction  from  Hon'ble  High  Court  of Gauhati and (iii) as per orders dated 10.05.2019 given by Hon'ble Supreme Court of India  in  W.P.(C)  No.1045/2018  and  Government  of  Assam's  notifications  dated 29.07.2019 and 28.08.2019 regarding conditional release of detenues on completing three years in detention.

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