REPORT ON TLA LAWYER MS. NAMGYAL TSEKEY’S OFFICIAL TRIP
TO DELHI MHA TO MEET THE CONCERNED OFFICER REGARDING RCMATTER
A Tibetan Student studying in TCV since childhood could not apply for RC as he
was born in Nepal. So he submitted a forged birth certificate showing birth place as
India, for which he was charged for violation of IPC and Foreigner’s Act. The
JJB Dehradun in its Judgment dated 23.8.2017 said the power to make RC lay
with MHA or FRO and if he did not obtain RC within 45 days he would be
deported to Nepal. In appeal, the Special Court for Children on 16.9.2017 closed
the case and granted two more months time to obtain RC.
Representation Before MHA:
Pursuant to the representation by TLA , on 24/05/2017, FRRO Dehradun filled
online form for his RC application. The matter was referred to MHA Delhi for
approval. This was followed up by the official representation of CTA via
Bureau Office of H.H the Dalai Lama upon TLA’s request on 30.5.2017, and a
sent reminder on 16.8.2017, and repeated on 30.8.2017,to request authorize FRRO
Dehradun to issue RC to Mr. Tenzin Norgay on humanitarian ground at the earliest.
9.10.2017 ( Monday) : Ms. Namgyal Tsekey along with Mr. Tenzin Norgay
went to MHA and met Mr. N. K Sahoo, under-secretary of Foreign Division,
MHA, who knows about the case and was in charge of it.
Mr. Sahoo showed the file and said that authorization had already been granted
much before the judgment date and said that the approval had come from the
government side .
Pursuant to the representation by the TLA, Mr. Sahoo once wrote to FRO
Dehradun on 12.4. 2017 to initiate issuing RC after intimation to MHA and
subject to inquiry and IB reports. An offline approval was also sent on 14.6.2017
pursuant to the representation of Bureau Office of H.H the Dalai Lama, and
accordingly, the request received online through online CFRO system on
24.5.2017 had been closed. However, the FRO Dehradun misunderstood the fact and
informed the TLA lawyer orally on 14.7.2017 of the offline mail dated
14.6.2017 that the RC was denied by MHA and his file was closed.
TLA was upset to learn that despite the approval by MHA was sent on 14.6.2017
before the passing of the judgment on 23.8.2017, this misunderstanding on the part of FRO Dehradun had caused grave legal injury to the boy leading to his conviction under section 14 of the Foreigners Act though he was acquitted on charges of forgery
but the issue was with using the forged document, which is altogether a different
matter that in an appeal before the children’s special court, we got the opportunity
to close the case on 16.9.2017 and got two more months time to obtain RC.
In a fresh approval letter dated 5.10.2017, MHA gave clear instructions to FRO
DEHRADUN to immediately issue RC for the boy.
The said Letter says “ It is
again requested to take appropriate action immediately to grant stay permit to Mr.
Tenzin XXXXXX – Tibetan Refugee, under intimation to this Ministry”.
Talk on Policy Matter:
TLA lawyer also took the opportunity to speak about
the need to adopt a new /special policy to allow Tibetan children from Nepal
studying in India to obtain RC without having to apply for special approval and
without having to wait till age 17. Mr. N. K Sahoo thinks that this should be done
through representation addressed to MHA and they will consider on the matter.