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.