Gauhati High Court
Kimotara Baishnab@Kiranmoyee ... vs The Union Of India And 5 Ors on 19 December, 2022
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/3
GAHC010255502022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8171/2022
KIMOTARA BAISHNAB@KIRANMOYEE BAISHNAB@KIMOMAYEE
BAISHNAB
D/O- LATE UPENDRA BAISHNAB,
W/O- PRAHALLAD BAISHNAB,
VILL- KHELMA PART VII,
P.S- KATIGORAH,
DIST- CACHAR, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF INDIA,
MINISTRY OF HOME AFFAIRS, NEW DELHI- 110001.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-6
3:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS
ASSAM
ACHYUT PLAZA
BHANGAGARH
GUWAHATI-05
DIST- KAMRUP (M)
4:THE ELECTION COMMISSION OF INDIA
REP. BY THE COMMISSIONER
NIRVACHAN SADAN
ASHOKA ROAD
Page No.# 2/3
NEW DELHI-110001
5:THE DEPUTY COMMISSIONER
CACHAR
P.O AND P.S- SILCHAR
DIST- CACHAR
ASSAM
6:THE SUPERINTENDENT OF POLICE (B)
CACHAR
P.O AND P.S- SILCHAR
DIST- CACHAR
ASSA
Advocate for the Petitioner : MR. A M S MAZUMDER
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 19.12.2022 (N. Kotiswar Singh, J.) None appears for the petitioner on call.
Issue notice, returnable within three weeks.
Ms. L. Devi, learned counsel, who appears on behalf of Mr. R.K. Dev Choudhury, learned Dy. SGI, accepts notice on behalf of respondent No.1 whereas Ms. A. Verma, learned Standing Counsel, Foreigners Tribunal, accepts notice on behalf of respondent Nos.2 and 6. Mr. A.I. Ali, learned Standing Counsel, ECI accepts notice on behalf of respondent No.4; Ms. L. Devi, learned Standing Counsel, NRC, accepts notice on behalf of respondent No.3 and Ms. K. Phookan, learned Government Advocate, Assam accepts notice on behalf of respondent No.5.
Page No.# 3/3 As the respondents are duly represented, no formal steps need be taken in respect of them. However, the petitioner shall serve extra copies to the learned counsel for the respondents.
Registry to requisition the case records in respect of FT.4 th (D) Case No.245/2017 from the Foreigners Tribunal-4th, Silchar.
In the meantime, if the petitioner has not yet been detained on the strength of the order dated 27.05.2022 passed by the Member, Foreigners Tribunal-4 th, Silchar in connection with FT.4th (D) Case No.245/2017, 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), Cachar 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 shall furnish bail bond of Rs.5,000/- (Rupees five thousand) with one local surety of the like amount to the satisfaction of the said authority whereafter the petitioner shall be allowed to remain on bail. The Superintendent of Police (Border), Cachar shall also take steps for capturing the finger prints and biometrics of the iris of the petitioner.
The petitioner shall not leave the jurisdiction of Cachar district without giving details of the place of destination and her place of stay to the Superintendent of Police (Border), Cachar including relevant contact/mobile number.
It is made clear that failure on the part of the petitioner to provide relevant mobile/contact number will warrant recalling of this bail order.
List the matter after receipt of the case records.
JUDGE JUDGE Comparing Assistant