IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL WRIT JURISDICTION

(UNDER ARTICLE 32 OF THE

CONSTITUION OF INDIA)

WRIT PETITION (CIVIL) NO. ....... OF 2018

IN THE MATTER OF

1. DOPHA YOKSAMA BODOL

(AN INDIGINIOUS PEOPLES
ORGANIZATION OF TRIPURA)
MANDWI, JIRAWA
WEST TRIPURA
Represented Jointly by its
President and Secretary -
1. Mr. Bijoy Kumar Debbarma
(President)
2. Mr. Bishu Kumar Debbarma
(Secretary) ...Petitioner
Versus

1. UNION OF INDIA
REPRESENTED BY THE SECRETARY
MINISTRY OF HOME AFFAIRS
NORTH BLOCK
NEW DELHI 110001

2. MINISTRY OF EXTERNAL AFFAIRS

REPRESENTED BY THE SECRETARY
 SOUTH BLOCK
NEW DELHI-110001

3. THE REGISTRAR GENERAL

AND CENSUS COMMISSIONER
2A MAN SINGH ROAD
NEW DELHI 110001
REPRESENTED BY ITS SECRETARY

4. THE ELECTION COMMISSION OF

INDIA
NIRVACHAN SADAN
ASHOK ROAD
NEW DELHI
REPRESENTED BY ITS SECRETARY

5. STATE OF TRIPURA
REPRESENTED BY ITS
CHIEF SECRETARY
SECRETARIATE
AGARTALA, TRIPURA

.......CONTESTINGRESPONDENTS

WRIT PETITION UNDER ARTICLE 32 OF THE

CONSTITUTION OF INDIA FOR THE
ENFORCEMENT OF FUNDAMENTAL RIGHTS
OF THE DEPRIVED INDIGENOUS AND TRIBAL
NATIVE PEOPLE AS GURANTEED,
PROTECTED AND ENSHRINED IN PART III OF
THE CONSTITUTION OF INDIA AND FOR
ISSUEANCE OF APPROPRIATE WRIT, ORDER
(S), DIRECTION FOR PROTECTING THEIR
FUNDAMENTAL RIGHTS AND FOR
PREPARATION OF NATIONAL REGISTER OF
CITIZENSHIP AND FOR EFFECTIVE
PROTECTION OF BORDERS TO PREVENT
ILLEGAL ENTRY OF IMMIGRANTS.
To
The Hon'ble Chief Justice
of India and His Lordships
Other Companion Justices
of Hon'ble Supreme Court
of India
The Humble Petition
of the Petitioner above named

MOST RESPECTFULLY SHOWETH:

1. That the cause of the petition is huge influx of

illegal Bangaldeshi immegrants who entered

in the State of Tripura like illegal immegrants

entered in the State of Assam and discrim

natory inequal treatment of State / Union of

India in reference of indigenous people of

Assam and indigenous people of Tripura.

 National Citizenship Register is being

prepared in State of Assam. As such the

indigenous people of Tripura are not being

fitted equally with the indigenous people of

the State of Assam so far as the exercise of

preparation of National Reigster of

Citizenship is concerned. Whenever the

illegal immigrants Bangladeshi problems is

more serious in the State of Tripura for the

region that Tripura is being surrounding from

three sides from Bangaldesh and is having

unprotected porus border with Bangaldesh.

The indegnous native tribal people of State of

Tripura are in a disadvantageous position

and are not in a position to come individually

to the Hon'ble Court.

2. That the petitioners NGO is duly registered

with Competent Authority under the

provisions of Society Registration Act. The

Registration No. of the petitioner NGO is

7850 of 2018. The petitioner NGO is a social

 organizaiton of indegenious Tribal and Non-

Tribal helpless poor people of Tripura who

are the native resident of the Tripura since

several centuries. The petitioners represent

majority of indegenious people.

3. That the main aims and the objectives of the

NGO are as under – to established and

maintain health centre, library, reading rooms

for members of society,to publish books,

Journals, poster for betterment of the society,

to collect subscription and donationfrom

members and other to attain the objects of

society, to work as non political organization,

to move to the court in the interest of

indigenous people of Tripura whenever

necessary.

4. That the respondents are the organ of the

state and comes within ambit of Article 12 of

the Constitution of India. The respondents

are duty bound in law to protect the

fundamental rights of the indegnious

population of the State and to implement the

policies of the State. The respondent no. 1 is

the Ministry of Home Affairs and is duty

bound to stop the illegal entry of

Bangaladeshi immegrants through porus

borders into the Tripura. The respondent no.

2 is Ministry of External Affairs and is duty

bound to take necessary steps with the

government of Bangladesh. The respondent

No.3 is Census Commissioner and is duty

bound to collect the Census data of the

Citizen of India. The respondent no. 4 is

Election Commission of India and is duty

bound to prepare the voter list of valid voters

and Citizen of India. The respondent no. 5 is

the State of Tripura and is duty bound to stop

the entry and free movement of illegal

Bangladeshi immegrants of the then East

Pakistan and at present illegal Bangaladeshi

immigrants, to identify such illegal

Bangladeshi in the State of Tripura and to

protect the fundamental rights of the

 indeginous peoples as enshrined in part III of

the Constitution of India . Unfortunately the

State failed in carring out its abovementioned

legal obligations.

5. That the present writ, inter-alia, involves the

substantial questions of law of public

importance and of public interest

interpretation of the provision of Constitution

of India:-

(a) Whether the respondent Union of India can

adopt a policy of pick and choose in

reference of illegal immegrants of

Bangladeshis only for the State of Assam in

the nature of Section 6A of the Citizenship

Act, 1955 and initiate formation of National

Register of Citizenship though the State of

Tripura is much more affected by illegal entry

of Bangladeshis due to being surrounded

from three sides from Bangladesh. Is it not in

violation of Article 14 of the Constitution of

India?
(b) Whether the rights of indegneous people

which are recognized by the Uniited Nations

Declaration of the rights of indegenous

people as adopted by the United Nations

General Assembly resolution during its 61st

Session at UN Headquarter in New York on

dated 13 September 2017, which recognized

the individual and collective rights of

indigenous peopel, there right to culture ,

identity, language, employment, health - are

not part of fundamental right enshirined

under Article 21 of the Constitution of India?

(c) Whether the entry of large number of illegal

Bangaladeshi in the State of Tripura is not a

threat to the national integration whenever it

has upset the demagraphic balance in the

region of Tripura too.

6. That the facts and circumstances leading to

the filing of present writ petition are set-out as

under :-
7. That Instrument of Accession was signed

between the then Governor General of

India and the then Her Higness of then

Maharani Regent of Tripura Princely State

on dated 13.8.1947. The copy of

Insturment of Accession dated 13.8.1947 is

annexed as ANNEXURE NO. P-1 ( p

8. That in 9.9.1949 the Merger Agreement

was signed between Governor General of

India and Her Highness the Maharani of

Tripura. It is elaborated written document.

That Merger Agreement came into force

from 15.10.1949. The copy of the Merger

Agreement and Instruments of Accession

dated 9.9.1949 is annexed as ANNEXURE

NO. P-2 (P –

9. That in 28.1.1950 the commencement of

the Constitution of India took place and

citizenship is granted only to those who are

born in India, or either parents are born in

India or a resident who has been a resident

 of India for not less than 5 years preceding

such commencement as enshrind in Article

5 of the Constitution of India. An exception

is made in Article 6 of the Constitution of

India in respect of those who, or those

parents have migrated into India from

Pakistan, before 19 July 1948. The base

line date for being a citizen of India under

the Constitution of India was taken as 26th

January 1950.

10. That in 08.04.1950 communal

disturbances occurred in early 1950 in

Assam (along with East Pakistan, West

Bengal and Tripura). That due to serious

communal disturbances in East Bengal &

West Bengal, Assam and Tripura the

Governments of India & Pakistan signed

and agreement – Nehru – Liaquat

Agreement. The copy of Nehru – Liaquat

Ageeement dated 8.4.1950 is annexed as

ANNEXURE NO. P-3 (p

11. That during the Census of 1951, a National

Register of Citizens (NRC) was prepared

under a directive of Ministry of Home

Affairs by copying out in registers the

census documents containing information

on relevant particulars of each and every

person enumerated. Against each village,

the NRC showed the houses or holdings in

a serial order mentioning the number and

names of persons staying therein. Further

in respect of each individual, the father's

name or husband's name. nationality, sex,

age, means of livelihood or occupation etc.

were indicated. These NRC registers were

initially kept in the offices of DCs and

SDOs, but were later transferred to the

Police in the early 1960s for facilitating

verification of infiltrants / illegal immigrants.

12. That in 1951 the total population of the

Tripura was 645,707. Out of which the

 Indigenous people were 2,37,953 and other

population was 407,754.

13. That in 1960 the Govt. of India appointed a

Commission - "Dhebar Commission" under

the Chairmanship of Mr. U.N. Dhebar to

into the problems of illigal migrants and to

put a preventive check on further inflaws of

the illegal migrants to Tripura. The findings

of the Commission are that - "49.8 The

influx of displaced persons from Pakistan

(Now Bangaladesh to Tripura has been

enormous and has upset the local

economy. It has greatly affected the tribals

and has made the Tribal problem acute.

The right of to Tribals in land should be

safeguarded.

14. That during 1961 the respondents could not

protect the border of Tripura effectively.

The Tripura is surrounded on the three

sides - north, west and south by the

districts of Sylhet, Comilla, Nakhali,

 Chittagong and Chittgong Hill trace of

Bangladesh (erstwhile east Pakistan). As a

result Bangladeshi persons started illegal

infiltration. Due to which the total population

of Tripura comes to 11,42,005. Out of

which the native Indigenous People

population comes to 3,60,070 and other

population comes to 7,81,935.

15. That 1971 the total population of Tripura

came to be 15,56,342.00. Out of which the

Indigenous Tribal population comes to

4,50,544 and other population came to

1,40,594. The situation became worsed

due to independence of Bangladesh on

16th December 1971. As a result there

were 6,92,154 refugees living in Refugee

Camps and refugees living with their

relatives were approximate 1,50,000. After

the independence of Bangladesh, The

refugees were to return to Bangladesh.

Due to negligence of the respondent

 government large number of refugees

permanently settled in Tripura in

connivance with local administration. A

majority of are illegal are Bengalese.

16. That on 29.11.1971 The Under Secretary to

Govt. of India, Ministry of Home vide letter

no. 26011/16/71. IC dated 29 Nov. 1971

issued instructions that the application

forms of refugees for Indian Citizenship

should not be entertained. It was issued to

all the Chief Secretaries of the State

Governments and Union Territories. The

copy of the letter dated 29 Nov. 1971 is

annexed as ANNEXURE NO. P- 4 (p

17. That on 19.3.1972 a Treaty for Friendship,

Co-operation and Peace, popularly known

as the Indira-Mujib Agreement was signed

between India and Bangladesh. Article 8 of

the said treaty inter -alia states: accordance

with the ties of friendship existing between

the two countries each of the High

 contracting Parties solemnly declares that it

shall not enter into or participate in any

military alliance directed against the other

party. Each of the High Contracting Parties

shall refrain from any aggression against

the other party and shall not allow the use

of its territory for committing any act that

may cause military damage to or constitute

a threat to the security of the other High

Contracting Party". The copy of the

agreement dated 19.3.1972 is annexed as

ANNEXURE NO. P-5 (p

18. That for solving boundary dispute between

India and Bangaldesh, the Government Of

Republic of India and the Government of

Peoples Republic of Bangladesh signed on

16.5.1974 an agreemnt for demarcation of

land boundary between India and

Bangaladesh. The contents of agreement

are not repeated here for sake of brevity

but are part of this para. The copy of the

 Agreement dated 16.5.1974 is annexed as

ANNEXURE NO. P- 6 (p

19. That Parliament of India enacted The

Tripura Tribal Areas Autonomous District

Council (TTAADC) Act 1979 to meet the

public demand of local indigenous people

of Tripura for providing more democratic

setup.

20. That on 25.12.1983 Parliament enacted

The Illegal Migrants (Determination by

Tribunal) Act, 1983. The Act was made

applicable to only Assam. When ever the

State of Tripura was also facing the same

problem of illegal migrants. It is unfortunate

that the respondent Union of India did not

consider the problem of illegal immigrants

in the State of Tripura.

21. That on 18.11.1985 the respondent Union

of India enacted the Section 6-A in the

Citizenship Act particularly for solving

Bangladeshi illegal immigration problem in

 respect of Assam. As such the Union of

India ignored that the indigenous people of

State of Tripura are also facing the burns of

illegal Bangladeshi immigrants. Though the

indigenous population of State Tripura also

has to be treated equally at par with people

of Assak. All the indigenous population of

Tripura also have fundamental rights of

being treated equally by the State/Union of

India. The Assam Accord being a political

settlement, legislation was required to give

effect to the relevant clause of the Assam

Accord relating to the foreigners issue.

Accordingly the Citizenship.

22. That a number of meetings and discussion

took place between the government and

Tripura National Volunteers (TNV) for the

establishment of peace and democratic

value. As a result a tripartite agreement –

Rajiv – Hrankhal Agreement took place on

12 August 1988 in New Delhi. This

 agreement to place between the Union of

India, Government of Tripura and TNV. The

copy of this agreement dated 12.8.1988 is

annexed as ANNEXURE NO. P-7 (p

23. That the respondent Tripura Government

entered in an memorandum of settlement

with all Tripura Tribal Force (ATTF) on

23.3.1993. The copy of memorandum of

settlement dated 23.8.1993 is annexed as

ANNEXURE NO. P-8 (Page

24. That during 1993-1994 the electoral rolls

revision exercise in Tripura took place and

it was officially pronounced that it has

identified that 1.35 lakh of population in

Tripura are having no citizenship/legal

documents. It is clear that they are illegal

migrants from Bangladesh.

25. That on 10.12.2003 in exercise of the

powers conferred by sub-sections (1) and

(3) of section 18 of the Citizenship Act,

1955 the Central Government notified The

Citizenship (Registration of Citizens and

issue of National identity Cards) Rules,

2003. The relevant provisions of the above

mentioned the Citizenship (Registration of

Citizens and Issue of National Identity

Cards) Rules 2003 are as under:- 4

Preparation of the National Register of

Indian Citizens- (1) The Central

Government shall, for the purpose of

National Register Of Indian Citizens, cause

to carry throughout the country a house –

to – house enumeration for collection of

specified particulars relating to each family

and individual residing in a local area

including the Citizenship Status. 2. The

Registrar General of Citizen Registration

shall notify the period and duration of the

enumeration in the Official Gazette. 3. For

the purpose of preparatrion and inclusion in

the local Register of Indian Citizens, the

particulars collected of every family and

individual in the Population Register shall

be verified and scrutinized by the Local

Registrar, who may be assisted by one or

more persons as specified by the Registrar

General of Citizen Registration. 5. During

the verification process particulars of such

individual whose citizenship is doubtful,

shall be entered by the Local Registrar with

appropriate remark in the Population

Register for further enquiry and in case of

doubtful Citizenship. The individual or the

family shall be informed in a specified

proforma mediately after the verification

process is over. 5(a) Every person or family

specified in sub-rule (4), shall be given an

opportunity of being heard by the Sub-

District Taluk Registrar of Citizenship

Regisration, before a final decision is taken

to include or to exclude their particulars in

the National Register of Indian

Citizenship.(b) The Sub-District or Taluk

Registrar shall finalize his findings within a

period of ninet days of the entry being

 made or within such reasonable extended

time for which the shall record the reasons

in writing.

26. That on 14.7.2004 in response to un-

starred question no. 332 pertaining to

deportation of illegal Bangladeshi migrants

from India the Minister of State Home

Affairs submitted a statement to the

Parliament indicating therein that the

estimated number of illegal Bangladeshi

immigrants in India as on 31.12.2001 was

1,20,53,950.The copy of record of

proceeding of Parliament dated 14.7.2004

is annexed as ANNEXURE NO. P- 9 (p

27. That in March 2006 the Competent

Authority of Under Secretary to the

Government of Tripura issued

'Memorandum of Guidelines for issuing

revised Resident Certificate'. This was

issued under the directions of Minister of

Home Affairs, Government of India. This

 mentions that the Governor of Tripura is

pleased to order that henceforth no State

Government Authority shall issue any such

citizenship certificates. As an alternative

arrangement, it was further ordered that in

place of citizenship certificate permanent

resident certificate shall be issued by the

Sub-Divisional Magistrates of respective

Sub Divisions as per the prescribed

guidelines.

28. That on 13.09.2007 United Nations

Declaration on the Rights of Indigenous

Peoples was adopted by the United

Nations General assembly during its 61st

Session at UN Headquarters in New York

City on 13 September 2007. It is submitted

that India is a signatory to the aforesaid

Declaration. The Declaration sets out the

individual and collective rights of

indigenous peoples, as well as their rights

to culture, identity, language, employment,

health, education and other issues. It also

"emphasizes the rights of indigenous

peoples to maintain and strengthen their

own institutions, cultures and traditions,

and to pursue their development in keeping

with their own needs and aspirations" it

"prohibits discrimination against indigenous

peoples" and it "promotes their full and

effective participation in all matters that

concern them and their right to remain

distinct and to pursue their own visions of

economic and social development". The

goal of the Declaration is to encourage

countries to work alongside indigenous

peoples to solve global issues like

development, multicultural democracy and

decentralization. According to Article 31:

there is a major emphasis that the

indigenous peoples will be able to protect

their cultural heritage and other aspects of

their culture and tradition, which is

extremely important in preserving their

 heritage. The copy of U.N. Declaration on

Rights of Indigenous People is annexed as

ANNEXURE P-10 (p

29. That it is relevant to mention that due to

above mentioned illegal immegration of

Bengladeshi in the State of Tripura, the

Social Demography of the area has been

changed so badly that the native

indigenous people (Pancham Tripuri) have

been reduced to the minority in number.

Because Of the over population or change

of demographic scenario and social

economic, political religion etc. Which has

resulted in drastic imbalances in all

speheres.As a result communal riot of 1980

took place. Which has resulted in political

movement like TNV, ATTF, NLFT and other

political movement. Which is ultimately

seriously effecting the national intigration of

the area of Tripura. This is shown in the

following table:-
Year Total Native % of % of
AD Population Tripuri Tripuri other
Bengali
1941 5,13,010 3,18,359 62.06 37.94

1951 6,39,028 3,10,946 48.65 51.35

1961 11,42,005 3,60,070 31.55 68.47

1971 15,56,342 4,50,544 28.95 71.05

1981 20,53,058 5,83,920 28.44 71.56

1991 27,57,205 8,53,920 30.95 69.05

2001 31,99,203 9,93,426 31.10 69.90

2011 36,71,032 11,66,813 31.78 68.21

The data of table shows a pattern of

reduction of population of indigenous people

has – (Pancha Tripuri) 62.06% (1941), 48.65

(1951), other and bengali was 37.94 (1941)

51.35 (1951). The sudden increase of the

percentage of the population of other people

including Bengali's are due to flow of

refugees and illegal Migraions from erstwhile

East Pakistan at present Bangaladesh. That

as such estimated total illegal immigrants

entering from erstwhile East Pakistan

 (present Bangaldesh) between 1950 to 1971,

prior to Indo-Pakistan (Bangaladesh

Liberation War) comes to 7,30,017 person.

And after Bangladesh Liberation war 1971

the total number of refugees came to

1381649 persons.

30. That in the State of Tripura Refugee Card

and Rice DistriBution Card were distributed

and granted to the illegal immigrant/Foreign

Nationals since 1950.

31. That the petitioner NGO on 2018

submitted memorandum to the Competent

Authorities of the Union of India and others.

And brought in their kind notice and

knowledge that- We, the undersigned, on

bealf of the Dopha Yoksama Bodol, a

nonpolitical platform beg to approach your

kind self with a humble appeal to look into the

acute problem Of immigrants from East

Pakistan now Bangladesh setting down in

Tripura state since 1950. Infiltration of illegal

migrants from Bangladesh is still continuing

unabated, posing a great threat to the

survival of Tripuri people and to our national

security. Tripura is cited as the only state in

India wherte the aboriginal Tripuri People are

reduced to minority (now only 31%) by the

outsiders. Now, the fresh migrants from

Bangladesh have started penetrating deeper

in the hilly and forest areas of the TTAADC.

Which is predominantly inhabitted By the

Tripuri people due to heavy pressure on the

available plain lands. Once, the outsiders

illegal migrants become majority in the

TTAADC area too, the indigenous Tripuri

people will face a great problem to their

survive and will suffer a lot in their own

ancestral homeland. And prayer inter-alia,

was made (1) for the extension of special

NRC provision as adopted in Assam to

Tripura and its immediate implementation for

detection and deportation of the illegal

migrants living in Tripura.(2) Illegal transfer of

 tribal land to non-tribals be stopped and

Tribal land already alienated be restored and

given back to the tribals. (3) Land grabbing

by non tribal peoples and illegal transfer or

allotment of land to the outsiders in the

TTAADC areas should be strictly prohibited.

That the memorandum dated 2018 is

annexed as ANNEXURE P-11 (p

32. That petitioner has not filed Any other Writ

Petition for the similar relief either in this

Hon'ble Court or in Hon'ble High Court and

no such petition is pending.

33. That there is no other efficacious remedy

available to the petitioner in the facts and

circumstance of the case.

34. That the petitioner craves the leave of

Hon'ble Court to alter, amend and add to the

writ petition in future in the interest of justice.

The relief is prayed, inter-alia, on the

following grounds
 GROUND:

(A) Because as per provision of relevant clause of The

Citizenship (Registration of Citizens and Issue of

National Identity Cards) Rules 2013, The

Respondents are duty bound to prepare National

Register of Indian Citizenship carry out house to

house data collection of each and every family and

invidual residing in any local area. Unfortunately

the Central Govt. and State Government failed to

carry out this mandate of law so far as the State

of Tripura is concerned.

(B) Because India is a signatory to the United Nations

Declaration on the Rights of Indigenous People,

2007. Being Signatory the Union of India is duty

Bound to protect the collective rights of indigenous

people as well as his duty bound to protect. There

rights to their native culture, native identity, native

language, employment, health, education etc.

These are also protected under various provision

of the Constitution of India.

(C) Because the repondents adopted a discremating

approach even in doing fencing or border of

Tripura with Bangladesh. The illegal entry of

illegal immigrants coming from Bangladesh into

Tripura it is admitted fact that while Assam has

almost completed its fencing project under phase

1 and phase ii with 97% work having being

completed. The work in other state like West

Bengal, Meghalaya, Tripura, Mizoram, having

border with Bangaldesh all legging behind. As per

provision of Article 14 of the Constitution of India

the State must adopt similar policies for similarly

situated state.

(D) Because by no stretch of imagination of provisions

of Citizenship Act 1955, the illegal immigranting

Bangaldeshi can be treated as legal citizen of

India even though they managed Ration Card etc.

in collusiveness with local administration, This

illegality has to be determined by considering 1951

as cut off year for NRC.

(E) Because it is settled law that when it is a question

of violation of fundamental rights in reference of

 whole class of indigenous people, delay and

laches is not a ground to shut the doors of the

court for any petitioner when it involves violation of

right to life and liberty.

(F) Because due to negligence of the respondents in

putting effective fencing on the porous borders

between Tripura and Bangladesh, be illegal

immigrants are entering in the Tripura and now

out numbered the indigenous people. Which is

seriously effecting the fundamental rights of

shelter, right of life, right of liberty, right to culture

of the indigenous people. Who are native

residence since centuries.

(G) Because due to negligence of the respondent the

sovereignty and integrity of the India is seriously

effective as a result of large no. of illegal

immigrants. Such illegal immigrants can be taken

as external aggersion of India.

(H) Because the Union of India has got no

Constitutional Power to frame specific Section

6(A) for the State of Assam only in reference of

illegal Bengaldeshi's and ignore the illegal

 Bengaladeshi who have entered into the State of

Tripura. This is in violation of Provision of Article

14 of the Constitution of India.

(I) Because it is very serious that the local

adminsitration in collusiveness with the illegal

Bengaldeshi migrants, issued Indian documents

like that of Ration Card, Adhar Card etc. There

has been no investigation carried out regarding

such kind of fradulant discharging of statutory

duty imposed upon them by law. This is

punishable under the provisions of The Prevention

of Corruption Act 1971. It become most serious

when such illegal Bengaldeshi went to other parts

of India on the basis of such documents.

(J) Because there have been multiple impact of

demographic changes that took place in the State

of Tripura following the Refugee Settlement

earthwhile is Pakistan in and after math of India

Independence and partition and after 1971 with

the creation of Bengaldesh. A part from the

political, economical, social impact it has also

affected the cultural and topographical askpects

 of Tripura. As most of the names of places, of

different villages, hamelates, rivers, tributerries,

markets, areas, hills, hillocks, towns had been

changed to suit the tung of refugee, who had since

became majority population. This created the

impression that Tripura State did not belong to

native tripuri people. This is seriously effecting the

right to live with honour of the Tripuri people as

enshrined under Article 21 of the Constitution of

India. As per merger document and Instrument of

Accession, it is mandatory duty of the Central

Government to protect the socio cultural rights of

the native tribal people which are otherwise

enshrined under the part III of the Constitution of

India.

(K) Becuase it is mandatory duty of the respondent

Union of India and State of Tripura to protect their

borders which are common with the Bengaldesh

by way of effective fancing and other kind of

protective arrangement on the border so that no

illegal immigrants Bengaldeshi could not enter in

to the State of Tripura. Unfortunately the Union of

 India, Ministry of Home Affairs, Ministery of

External Affairs and Administration of State of

Tripura miserable field to protect to border and the

local native indigenous Tripuri people are the

sufferers. They have been subjected to communal

riots and other kind of violence. This is violating

fundamental rights enshrined under Article 21 of

the Constitution of India.

(L) Because despite memorandums to the Competent

Authority of the Respondents, necessary action

has not been taken by the Respondents. on the

prayer of memorandum to look into the accute

problem of illegal immigrants, infiltration of illegal

migrants from Bangladesh is still continuing

unabted, threat to national security. As such

Hon"ble Court has on the power to exercise extra

ordinary jurisdiction to do complete justice with the

indigenous local native population who are living in

Tripura since centuries and issue necessary

direction.

(M) Because Hon"ble Court in another similar matter

of Assam Sanmiliata Mahasangha & Ors. Versus

Union of India & Others: (2015) 3 SCC 1 has

been pleased to issue certain direction to the State

of Assam for the preparation of National Register

of Citizenship and to find out illegal Bengaldeshi

who are living illegally in the Tripura.

PRAYER:

In the facts and circumstances as stated

above Hon"ble Court is most respectfully prayed to

be pleased to:

(a) To issue an order / orders /directions in the

nature of Writ of Mandumus or any other

appropriate writ by commanding the actions

of respondent for the preparation of National

Register of Citizenship to the State of Tripura.

(b) To issue an order / orders /directions in the

nature of Writ of Mandumus or any other

appropriate writ by commanding the actions

of respondent for identifying the illegally

entered Bengaldeshi in the State of Tripura.

(c) To issue an order / orders /directions in the

nature of Writ of Mandumus or any other

appropriate writ by commanding the actions

 of respondent for the implementation 2007

United Nations Declaration of the rights of

indigenous people for the protection of socio

political, economic, legal, cultural, rights of

indigenous people.

(d) To issue any other direction /directions at this

Hon'ble Courts may deem proper in the

interest of justice.

(e) To award cost of litigation.

Drawn by : Filed by:

Dr. Alok K. Sharma

Advocate

Supreme Court of India

Drawn on : 09.2018

Filed on : 09.2018