Gauhati High Court
Sakina Khatun @ Sokhila Khatun vs The Union Of India And 5 Ors on 15 February, 2021
Bench: N. Kotiswar Singh, Soumitra Saikia
Page No.# 1/3
GAHC010012712021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/752/2021
SAKINA KHATUN @ SOKHILA KHATUN
W/O- AHIL UDDIN, R/O- VILL- BAGURIGURI, P.O. CHUKRUNGBARI, P.S.
SORBHOG, DIST.- BARPETA, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS
REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, SHASTRI BHAWAN, NEW DELHI-1
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY-6
3:THE DY. COMMISSIONER
BARPETA
P.O. AND DIST.- BARPETA
ASSAM
PIN- 781301
4:THE SUPERINTENDENT OF POLICE (B)
BARPETA
P.O. AND DIST.- BARPETA
ASSAM
PIN- 781301
5:THE ELECTION COMMISSION OF INDIA
NEW DELHI
TO BE REP. BY CHIEF ELECTION COMMISSIONER OF INDIA
NEW DELHI-1
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6:THE STATE COORDINATOR OF NATIONAL REGISTRATION
ASSAM
BHANGAGARH
LACHIT NAGAR
GHY-
Advocate for the Petitioner : DR. B AHMED
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 15.02.2021 [N. Kotiswar Singh] Heard Mr. N. Haque, learned counsel for the petitioner.
Issue notice, returnable within 4 (four) weeks.
Mr. H. Gupta, learned CGC accepts notice on behalf of respondent No.1 whereas Mr. A. Kalita, learned Special Counsel, FT appears for respondent Nos.2, 3 and 4. Ms. N. Upadhyay, learned Standing Counsel, ECI appears for respondent No.5 and Ms. L. Devi, learned Standing Counsel, NRC appears for respondent No.6.
Since all the respondents are represented, no formal notice need be issued to them.
Registry to requisition the LCR of F.T. Case No. 340/2016 from the Foreigners Tribunal No.8 th, Barpeta.
It is submitted that the petitioner is not in detention on the strength of the order dated 26.03.2017 passed in F.T. Case No. 340/2016 by the Foreigners Tribunal No. 8th, Barpeta.
If that is so, the petitioner shall not be taken into custody and deported from India. However, we direct the petitioner to appear before the Superintendent of Police (Border), Barpeta within 15 (fifteen) days from today, who may obtain necessary information and documentation as required under the rules from the petitioner for securing her presence. On such appearance, the petitioner may be released on bail on furnishing bail bond of Rs. 5,000/-(Rupees five thousand) with one local surety of the like amount to the satisfaction of the said authority. The concerned Superintendent of Police (Border) shall also take steps for capturing the fingerprints and Page No.# 3/3 biometrics of the iris of the petitioner, if so advised.
The petitioner also shall not leave the jurisdiction of the Barpeta district without furnishing the details of the place of destination and necessary information including contact number to the Superintendent of Police (Border), Barpeta.
JUDGE JUDGE Comparing Assistant