This is with regard to a bail plea in case of two persons from Assam who did not turn up for a meeting with the Foreigners Tribunal. They were detained by the police in September and continue to remain in custody. The High Court has been approached. They have asked for an additional affidavit which has been submitted. The question is that the High Court will be on vacation from 24 Dec to 3 January which will cause further delay. Can the petition be taken up by a vacation judge? Can the plea not be heard before the vacation commences? If so what needs to be done. I am not sure if this is a criminal case. Thank you
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There will be many similar cases in Assam. Can someone file a writ petition to release such persons who have not been charged nor deported if they are foreigners? They are mostly poor muslim men whose families had migrated from Bangladesh in the past.
1) you can move HC for urgent reliefs on grounds that they have been in custody for 3 months and application for release on bail be heard forth with
2) HC will grant an early date of hearing before vacation in interest of justice as they have been in custody for 3 months
Can the petition be taken up by a vacation judge? Can the plea not be heard before the vacation commences? If so what needs to be done. I am not sure if this is a criminal case.
Yes the petition can be heard by a vacation judge too who's sitting will be most likely on 29.12.2015. You can ask your advocate to approach the registrar's office to push this petition for hearing by the vacation bench.
This is a criminal case.
There will be many similar cases in Assam. Can someone file a writ petition to release such persons who have not been charged nor deported if they are foreigners?
A NGO or any other welfare organisation can collect the data and arrange to file a PIL for getting relief to the innocent people who are languishing or toiling in Indian prisons for no fault.
1. If urgency is shown then the HC can take up the petition for hearing even tomorrow or during vacations.
2. A PIL can be filed on their behalf by a NGO or any individual.
1. Their Advocate should make a mention before the bench hearing he matter for taking it up for hearing before vacation,
2. If that is rejected, his Advocate can file an application before the Court Registrar for arranging to hear the case by the vacation bench on the ground if urgency.
1. A rit Petition can be filed for expeditiously hearing the matters which are long pending,
2. Please keep in mind that law is equal for both rich and poor and for people of all religion.