Gauhati High Court
Jasmat Ali vs The Union Of India And 5 Ors on 18 October, 2023
Author: M.R.Pathak
Bench: Manash Ranjan Pathak, Parthivjyoti Saikia
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GAHC010211502023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6180/2023
JASMAT ALI
W/O- RAHMAN ALI,
D/O- RAKIBUL HUSSAIN,
VILL.- PARERCHAR, PT-II,
P.O.- P.S.- ABHAYAPURI,
DISTRICT- BONGAIGAON, ASSAM.
VERSUS
THE UNION OF INDIA AND 5 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA,
DEPTT. OF HOME AFFAIRS, NEW DELHI, INDIA.
2:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR.
3:THE ELECTION COMMISSION OF INDIA
REPRESENTED BY THE ELECTION OFFICER
BONGAIGAON
ASSAM.
4:THE NATIONAL REGISTER OF CITIZENS
ASSAM
REPRESENTED BY THE STATE COORDINATOR
1ST FLOOR
ACHYUT PLAZA
BHANGAGARH
GUWAHATI
ASSAM.
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5:THE DEPUTY COMMISSIONER
BONGAIGAON
DIST.- BONGAIGAON
ASSAM.
6:THE SUPERINTENDENT OF POLICE (B)
BONGAIGAON
ASSAM
Advocate for the Petitioner : MRS. B GOGOI
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
18-10-2023 (M.R.Pathak, J) Heard Ms. M Borah, learned counsel for the petitioner and Ms. L Devi, learned CGC as well as Standing counsel, NRC, Assam for the respondent Nos. 1 & 4. Also heard Mr. J Payeng, learned Standing counsel, Home Department, Assam for the respondent Nos. 2 & 6; Mr. H Kuli, learned counsel on behalf of Mr. A I Ali, learned Standing counsel, Election Commission of India for the respondent No. 3 as well as Mr. P Sharma, learned Additional Senior Government Advocate, Assam for the respondent No. 5.
2. On being referred by the Superintendent of Police (Border), Bongaigaon vide Case No. BNGN/FT/1663/07 (REF:BNGN IMDT Case No. 304/05), the learned Member, Foreigners' Tribunal, Bongaigaon No. 2, Abhayapuri in Case No. BNGN/ FT/1663/07 by the impugned order/opinion dated 07.11.2020 declared the petitioner to be a foreigner/illegal migrant under the Foreigners Act, 1946, who had illegally entered into the territory of India (Assam) from the specified territory of Bangladesh on or after 25.03.1971.
3. Being aggrieved with the impugned order/opinion dated 07.11.2020, noted above, the petitioner has filed this writ petition on 13.10.2023.
4. Issue Notice, returnable by 8 (eight) weeks.
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5. As Ms. L Devi, learned CGC as well as Standing counsel, NRC, Assam; Mr. J Payeng, learned Standing counsel, Home Department, Assam; Mr. H Kuli, learned counsel on behalf of Mr. A I Ali, learned Standing counsel, Election Commission of India as well as Mr. P Sharma, learned Additional Senior Government Advocate, Assam have accepted notices on behalf of the respondent Nos. 1, 4; 2, 6 and 3 & 5 respectively, no formal notice be issued to those respondents.
6. Petitioner shall serve requisite extra copies of this writ petition including the Annexures appended thereto, to Ms. L Devi, learned CGC as well as Standing counsel, NRC, Assam; Mr. J Payeng, learned Standing counsel, Home Department, Assam; Mr. H Kuli, learned counsel on behalf of Mr. A I Ali, learned Standing counsel, Election Commission of India as well as Mr. P Sharma, learned Additional Senior Government Advocate, Assam by 20.10.2023, obtaining necessary acknowledgments from them in that regard.
7. Office to requisition the records of Case No. BNGN/FT/1663/07 from the office of the learned Member, Foreigners' Tribunal, Bongaigaon No. 2, Abhayapuri, Assam.
8. A copy of this order requisitioning the case records and the forwarding letter by which the case records of said Case No. BNGN/ FT/1663/07 are sent to this Court be made part of the record file of the Tribunal.
9. In the interim, the petitioner, namely, Jasmat Ali, if not arrested earlier, shall not be taken into custody and deported from the territory of India pursuant to the impugned order/opinion dated 07.11.2020 passed by the learned Member, Foreigners' Tribunal, Bongaigaon No. 2, Abhayapuri in Case No. BNGN/FT/1663/07, subject to the condition that she shall appear before the Superintendent of Police (Border), Bongaigaon on or before 02.11.2023 during the office hours and shall furnish a bail bond of Rs. 5,000/- with one local surety of like amount to the satisfaction of the said authority.
10. 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, noted above, for securing her presence.
11. 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, where after, she Page No.# 4/4 shall be allowed to remain on bail.
12. It is made clear that without giving full details of the petitioner's new address and/or destination before the Superintendent of Police (Border), Bongaigaon, Assam and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of said SP (Border), Bongaigaon, Assam.
13. Failure on the part of the petitioner to comply with the aforesaid directions, the bail granted to the petitioner shall stand automatically vacated and she shall be liable to be taken back into custody.
14. This order be brought to the notice of the Registrar (Judicial).
15. List accordingly.
16. Maintainability of this writ petition shall be taken up for consideration at the time of its admission stage.
JUDGE JUDGE Comparing Assistant