The Quit India notice is served on the Bangladesh nationals under Section 3 of the Foreigners Act, 1946 and under Section 20 of the IM (DT) Act, 1983 by the Foreigner Registration Officer for two categories of foreigners viz (I) Bangladesh Nationals who have entered India on or after 25th March, 1971 (ii) and persons who are declared as foreign nationals and deported and later on re-infiltrated as per provisions laid down under the laws. Under the present dispensation Quit India/ Expulsion is dependent on the verification report from Bangladesh Government as Bangladesh Rifles does not accept Bangladesh nationals unless nationality is again investigated by the Bangladesh Government. The Foreigner Registration Officers issue the Quit India notice or push back orders as per provisions laid down in the Foreigners Act and IM (DT) Act as mentioned above. But due to the insistence of compulsory verification of the nationality of the Bangladesh nationals by a Bangladesh Agency the desired result is not achieved. Besides this the State Government Authority (concerned SP) cannot keep a person (IM) in police custody for more than 24 hours under Section 57 Cr. PC, 1973. Further there is no provisions for meeting expenses resulting from keeping such foreigners/IMS until their deportation.

20. That the State Government has taken various steps to prevent future illegal migration into the Indian territory from Bangladesh. Some of the steps taken are as hereunder:

(i) Night curfew is promulgated which is in force at Border Districts of Assam and as a measure of deterrent to infiltration at night. In addition the works done by PIF Officers in identification, detection and deportation of foreign national are being quarterly reviewed and suitable instructions are issued to the staff of PIF Schemes for improving the performance.

(ii) Some illegal migrants are using Tripura and West Bengal as corridor for entering in Assam. After detection these illegal migrants claimed to be the residents of Tripura. Inter State Check Post under the PIF Scheme have been set up one at Srirampur on West Bengal Assam Border and another at Churaibari on Assam Tripura Border.

(iii) In service training for the field officers are arranged at regular interval to improve their field efficiency by imparting lessons on essential acts.

(iv) Speedy completion of border roads and fencing.

21. The State Government respectfully submits that this Hon’ble Court may be pleased to give directions in the following regard to the Government of India both for the purpose of deportation of illegal migrants and for the purpose of preventing further illegal infiltration into the Indian territory: