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Gauhati High Court

Basiran Bibi @ Basiron Khatun vs The Union Of India And 5 Ors on 20 November, 2019

Author: Manojit Bhuyan

Bench: Manojit Bhuyan, Ajit Borthakur

                                                                 Page No.# 1/3

GAHC010188652019




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : WP(C) 5944/2019

         1:BASIRAN BIBI @ BASIRON KHATUN
         D/O BADSHA SHEIKH, W/O HABIJUL SHEIKH, VILL-MADHYA PETLA, P.S.-
         TAMARHAT (PREVIOUSLY-GOLAKGANJ), DIST-DHUBRI, ASSAM

         VERSUS

         1:THE UNION OF INDIA AND 5 ORS.
         REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY
         OF HOME AFFAIRS, SHASTRI BHAWAN, TILAK MARG, NEW DELHI-110001


         2:THE ELECTION COMMISSION OF INDIA
          REPRESENTED BY THE CHIEF ELECTION COMMISSIONER
          NEW DELHI-110001

         3:THE STATE OF ASSAM
          REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM
          HOME DEPARTMENT
          DISPUR
          GUWAHATI-781006

         4:THE STATE COORDINATOR OF NATIONAL REGISTER OF CITIZENS
         ASSAM
          1ST FLOOR
         ACHYUT PLAZA
          GUWAHATI SHILLONG ROAD
          BHANGAGARH
          GUWAHATI
         ASSAM
          PIN-781005

         5:THE DEPUTY COMMISSIONER OF DHUBRI DISTRICT
          DHUBRI
                                                                                          Page No.# 2/3

              P.O.
              P.S. AND DIST-DHUBRI
              ASSAM
              PIN-783301

              6:THE SUPERINTENDENT OF POLICE
               DHUBRI DISTRICT
               DHUBRI
               P.O.
               P.S. AND DIST-DHUBRI
              ASSAM
               PIN-78330

Advocate for the Petitioner     : MR. A T SARKAR

Advocate for the Respondent : ASSTT.S.G.I.

BEFORE HONOURABLE MR. JUSTICE MANOJIT BHUYAN HONOURABLE MR. JUSTICE AJIT BORTHAKUR order Date : 20-11-2019 (Manojit Bhuyan, J) Heard Mr. A. T. Sarkar, learned counsel for the petitioner as well as Ms. G. Hazarika, learned counsel representing respondent no. 1. Ms. B. Das, learned counsel represents respondent no 2. Mr. A. Kalita, learned counsel represents respondent nos. 3, 5 and 6 whereas Ms. A. Verma, learned counsel appears for respondent no. 4.

List for Motion again on 24.01.2020, as we propose to examine the case records at the first instance.

Office to requisition the case records in respect of Case No. FT Case No. 2/THT/17 from the office of the Foreigners' Tribunal (II), Dhubri, Assam.

A copy of this order requisitioning the case records and the Forwarding Letter by which the case records are sent to this Court be made part of the record file of the Tribunal.

As an interim measure, the petitioner Basiran Bibi shall not be taken into custody and deported from India, subject to the condition that she shall appear before the Superintendent of Police Page No.# 3/3 (Border), Dhubri within 15 (fifteen) days from today and furnish a bail bond of Rs.5,000/- with one local surety of the like amount to the satisfaction of the said authority. A direction is also made to the Superintendent of Police (Border), Dhubri that as and when the petitioner appears within the period indicated above, the biometrics of the iris of both eyes, the fingerprints of both hands and photograph of the petitioner shall be obtained, whereafter she shall be allowed to remain on bail.

This order be brought to the notice of the Registrar (Judicial).

                       JUDGE                                             JUDGE




Comparing Assistant