Gauhati High Court
Sayed Ali And Anr vs Union Of India And 5 Ors on 28 September, 2020
Author: Manojit Bhuyan
Bench: Manojit Bhuyan, Soumitra Saikia
Page No.# 1/3
GAHC010123652020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3638/2020
1:SAYED ALI AND ANR.
S/O- LT. JAHUR ALI, R/O- VILL- NILBAGAN, P.S. MURAJHAR, DIST.- HOJAI,
ASSAM
2: AJIJUL ALI
S/O- SAYED ALI
R/O- VILL- NILBAGAN
P.S. MURAJHAR
DIST.- HOJAI
ASSA
VERSUS
1:UNION OF INDIA AND 5 ORS.
REP. BY THE SECY. TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF
INDIA, SHASTRI BHAWAN, TILOK MARG, NEW DELHI-1
2:THE STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE HOME DEPTT.
DISPUR
GHY-6
3:THE DY. COMMISSIONER
HOJAI
P.O.
P.S. AND DIST.- HOJAI
ASSAM
PIN- 782435
4:THE SUPERINTENDENT OF POLICE (B)
HOJAI
P.O.
P.S. AND DIST.- HOJAI
ASSAM
Page No.# 2/3
PIN- 782435
5:THE ELECTION COMMISSIONER OF INDIA
NEW DELHI
NEW DELHI-1
6:THE STATE CO-ORDINATE
NATIONAL RIGHTS OF CITIZENS (NRC)
ASSAM BHANGAGARH
GHY-
Advocate for the Petitioner : MR. A R SIKDAR
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANOJIT BHUYAN
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
28.09.2020 (Manojit Bhuyan, J) Heard Mr. A.R. Sikdar, learned counsel for the petitioners as well as Ms. G. Hazarika, learned counsel representing respondent nos.1 and 6. Mr. J. Payeng, learned counsel represents respondent nos.2, 3 and 4.
As we propose to examine the case records at the first instance, Office to requisition the case records in respect of (i) F.T./L/Case No.1078/2016 and (ii) F.T./L/Case No.1227/2016 from the office of the Foreigners' Tribunal, Nagaon Court No.7 th at Lanka, Hojai.
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 petitioners (i) Md. Sayed Ali and (ii) Md. Aijul Ali shall not be taken into custody and deported from the territory of India, subject to the condition that they shall appear before the Superintendent of Police (Border), Hojai, within 15 (fifteen) days from today and furnish a bail bond of Rs. 5,000/- each with one local surety each of the like amount to the satisfaction of the said authority. A direction is also made to the Superintendent of Police (Border), Hojai that as and Page No.# 3/3 when the petitioners appear within the period indicated above, the biometrics of the iris of both eyes, the fingerprints of both hands and photograph of the petitioners shall be obtained, whereafter they shall be allowed to remain on bail.
List for Motion immediately upon receipt of the case records.
This order be brought to the notice of the Registrar (Judicial).
JUDGE JUDGE Comparing Assistant