TLA Lawyer makes final trip to Dehradun for final arguments on RC case.

By | July 25, 2017

TLA lawyer made a final trip to Dehradun  from 14.7.2017 to 18.7.2017 for final argument of the RC  Case 

1.    The Tibetan Juvenile who came  from Nepal without SEP was charged  for  forgery/cheating  under 420/466/468/471 IPC and violation of section 14 of Foreigner  Act while applying for RC at  Dehradun on attaining the age of 17.   The case was two fold ,  Charge under IPC was  for forgery /cheating and using a forged/disputed Birth certificate and another for illegal entry to India and subsequent  stay in India without RC which is a violation under section 14 of Foreigners Act. 

Note:  There has been an instances  in the past where RC  case/charge under  section 14 of Foreigners Act was resolved  via CTA’s administrative interventions  through MHA.  In this case also, the matter was sim simultaneously pursued  through Administrative channel. 
2.  13.7.2017(7pm Thrusday)   Ms. Namgyal Tsekey  left for Dehradin on Thursday evening  at 7 pm by laxmi Bus and reached  Dehradun Dikiling on 14.7.2017.
3.      14.7.2017(Friday):   Accompanied by advocate Tenzin Dayoe, TLA lawyer visited the office of FRO Dehradun to  find out the status  of the Application process of RC of the boy and  to find out any information FRO might have received from MHA Delhi  as RC process for the child has been initiated on  24.5/2017  pursuant to a representation by TLA  and  followed by CTA’s  representation to MHA on 30/5/2017  through Bureau office at Delhi.
4.   Met the Law officer of state Human Rights commission at Dehradun and discussed the matter.
5.     15.7. 2017(Saturday)  & 16.7.2016( Sunday):   Drafted 23 page modification of the petition and made additional submission with additional facts and documents , discussed  the  same  with  Advocate Kailash Khanduri at a Hotel near Court  from 5 pm to 8.30 pm.
6.     17.7.2017(Monday)    On the fateful morning of 17.7.2017,  the heavy rain  could not  stop the TLA  lawyer  to reach the Court in time for the final argument.  she was able to  file 23 page additional submission and  made oral arguments for full 45 minutes.
She introduced with the concept of  Tibetan refugee in India, starting with the  coming of  His Holiness in Exile in 1959 followed by large masses of Tibetans  who  were most welcomed by India and the subsequent favorable treatment  and policy  adopted by Government of India  were also appraised and  finally requesting the Court to consider the case sympathetically based on humanitarian concern and on the principle of presumption of innocence under Juvenile Justice  law .
She  updated the Court of the  turning situation of the case  and  introduced the principle of non refoulment as customary international law and basic human rights by citing additional cases ie State v Chandra Kumar, Metropolitan Magistrate,  Dwarka Court, 2011  to distinguish between a serious crime and minor crime by foreigner who are charged under violation of  section 14 of the Foreigners Act and prayed that the court  pass a  favorable and strong order and allow the child to stay in India to pursue his  bright future.  Advocate Kailash  Khanduri ji also filed 10 page  written  arguments based on the principle of presumption of innocence under Juvenile Justice  Rule.
7.     Judge said he will need  to know the  RC procedure  with and without the birth certificate  and gave time to file the procedure on 19.7.2017 
8.     No bus is available on 17 night from Dikiling, so left  by bus on 18 night  to reach Dharamsala on the  19 morning ,  and attend the office at  11.30  am. due to delay in local  bus as the Tibetan Laxmi  bus broke down at paonta.
9.   The  2011 MHA Guidelines for RC making for Tibetans  was   filed on 19.7.2017   &  additional note on procedure for RC  with some sample  documents  was sent by Ms. Namgyal Tsekey by hand to Dehraun and has been filed on 24.7.2017.
10.     The expenses for this particular trip was borne by the  Child himself  as all the   expenses of the previous 8 trips   were  shared  by TLA and the lawyer Ms Namgyal equally.
 11. The judgment  day  on 11.8.2017   and TLA hopes that the JUDGMENT WILL BE  BOLD  & IN THE INTEREST OF THE JUVENILE.