Gauhati High Court
Musstt. Kodorbhan Nessa vs The Union Of India And 5 Ors on 11 October, 2023
Author: M.R. Pathak
Bench: Manash Ranjan Pathak, Parthivjyoti Saikia
Page No.# 1/5
GAHC010070112023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6002/2023
MUSSTT. KODORBHAN NESSA
D/O LATE FOJER ALI SHEIKH @ FOJER ALI SHEIKH @ FOJER ALI @ FOJOR
ALI, W/O MD. TAJER ALI, R/O VILL-SEDMARI PALLIRTAR, P.S.-JOGIGHOPA,
DIST-BONGAIGAON, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, NEW DELHI,
MINISTRY OF HOME AFFAIRS, (CENTRAL SECRETARIAT), P.O.-NEW DELHI,
PIN-110001
2:THE STATE OF ASSAM
TO BE REPRESENTED BY THE SECRETARY HOME DEPARTMENT
DISPUR
ASSAM SACHIBALAYA
GUWAHATI
ASSAM
PIN-781006
3:THE SUPERINTENDENT OF POLICE (B)
BONGAIGAON
P.O.-BONGAIGAON
DIST- BONGAIGAON
ASSAM
PIN-783380
4:THE DEPUTY COMMISSIONER
DIST-BONGAIGAON
ASSAM
PIN-783380
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5:THE ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN
ASHOKA ROAD
NEW DELHI-110001
6:THE OFFICE OF STATE COORDINATOR OF NATIONAL REGISTER OF
CITIZENS (NRC)
ASSAM
1ST FLOOR
ACHYUT PLAZA
G.S. ROAD
BHANGAGARH
GUWAHATI-781005
DIST-KAMRUP (M)
ASSA
Advocate for the Petitioner : MR. S J SARMAH
Advocate for the Respondent : DY.S.G.I.
:: BEFORE ::
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
11.10.2023 (M.R. Pathak, J) Heard Mr. S.J. Sarmah, learned counsel for the petitioner. Also heard Ms. L. Devi, learned Central Government Counsel for the Respondent No.1 as well as Standing Counsel, NRC for the respondent No.6; Mr. G. Sarma, learned Standing Counsel, Home Department, Assam for the Respondent Nos. 2 and 3; Mr. P. Sarma, learned Government Advocate, Assam for the Respondent No.4 as well as Mr. A. I. Ali, learned Standing Counsel, Election Commission of India for the Respondent No.5.
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2. Pursuant to the reference made by the Superintendent of Police (Border), Bongaigaon, the learned Member, Foreigners' Tribunal, Bongaigaon No.2, Abhayapuri in the Case No.BNGN/FT-2/APR/535/2016 in REF. No.BNGN IMDT Case No.51/2004, after hearing the petitioner and other parties and the evidence adduced on behalf of the petitioner, by the impugned opinion dated 11.08.2020 opined that the petitioner is a foreigner under the Foreigners' Act, 1946, who has illegally entered into the territory of India from Bangladesh on and from 25.03.1971.
3. Being aggrieved with the said finding dated 11.08.2020, the petitioner has filed this writ petition on 06.10.2023.
4. After going through the impugned order/opinion dated 11.08.2020, we decide to peruse the relevant records in original.
5. Office to requisition the records of Case No.BNGN/FT-2/APR/535/2016 in REF. No.BNGN IMDT Case No.51/2004 from the office of the learned Member, Foreigners' Tribunal, Bongaigaon No.2, Abhayapuri.
6. Registry shall list this matter for Motion immediately on receipt of the record from the concerned Tribunal.
7. A copy of this order requisitioning the case record and the forwarding letter by which the case record of Case No.BNGN/FT- 2/APR/535/2016 in REF. No.BNGN IMDT Case No.51/2004 are sent to this Court, be made part of the record file of the Tribunal.
8. In the interim, the petitioner, namely, Musstt. Kodorbhan Nessa shall Page No.# 4/5 not be taken into custody and deported from the territory of India, subject to the condition that she shall appear before the Superintendent of Police (Border), Bongaigaon on or before 30.10.2023 during the office hours and shall furnish a bail bond of ₹5,000/- with one local surety of the like amount to the satisfaction of the said authority.
9. On her appearance before the SP (Border), Bongaigaon, as directed above, the said authority shall obtain necessary information and documentation as required under the Rules from the petitioner for securing his presence.
10. Further, the Superintendent of Police (Border), Bongaigaon is directed that on appearance of the petitioner within the period indicated above, the biometrics of the iris of both eyes, the fingerprints of both hands and photographs of the petitioner shall be obtained, whereafter, she shall be allowed to remain on bail.
11. It is made clear that without giving full details of the petitioner's present address and/or destination before the Superintendent of Police (Border), Bongaigaon and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of said SP (Border), Bongaigaon.
12. Failure on the part of the petitioner to comply with the aforesaid directions, the bail granted to her shall stand automatically vacated and the petitioner shall be liable to be taken back into custody.
13. This order be brought to the notice of the Registrar (Judicial), Page No.# 5/5 Gauhati High Court, Guwahati.
14. List accordingly.
JUDGE JUDGE Comparing Assistant