Gauhati High Court
Laila Begum @ Laily Begum vs Union Of India And 5 Ors on 19 October, 2022
Author: M.R.Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010191442022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6167/2022
LAILA BEGUM @ LAILY BEGUM
D/O- LATE HATEM ALI,
W/O- MD. KHABIR SHEIKH,
R/O- VILL- NATUN BASTI, WARD NO-12,
GOALPARA TOWN, P.S AND DIST- - GOALPARA, ASSAM
VERSUS
UNION OF INDIA AND 5 ORS
REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF
INDIA, SASTRI BHAWAN, 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 DEPUTY COMMISSIONER
OF GOALPARA
P.O AND DIST- GOALPARA
ASSAM
PIN-783101
4:THE SUPERINTENDENT OF POLICE (B)
GOALPARA
P.O AND DIST- GOALPARA
ASSAM
PIN-783101
Page No.# 2/4
5:THE ELECTION COMMISSIONER OF INDIA
NEW DELHI-110001
6:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS
ASSAM
BHANGAGARH
GUWAHATI-05
DIST- KAMRUP (M
Advocate for the Petitioner : MR. A R SIKDAR
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
19-10-2022 (M.R.Pathak, J) Heard Mr. A R Sikdar, learned counsel for the petitioner and Mr. D J Das, learned CGC for the respondent No. 1. Also heard Ms. A Verma, learned Standing counsel, Foreigners' Tribunal, Assam for the respondent Nos. 2 & 4; Ms. K Phukan, learned Government Advocate, Assam for the respondent No. 3; Mr. A I Ali, learned Standing counsel, Election Commission of India for the respondent No. 5 as well as Ms. L Devi, learned Standing counsel, NRC for the respondent No. 6.
The petitioner has preferred this writ petition against the impugned opinion dated 09.05.2022 passed by the learned Member, Foreigners' Tribunal No. 1, Goalpara, Assam in F.T. Case No. 7914/G/16, whereby she has been declared to be a foreigner under the Foreigners' Act, 1946, who had illegally entered into the territory of India (Assam) on or after 25.03.1971.
The petitioner has also stated that though in terms of the impugned opinion dated 09.05.2022, noted above, she has not yet been arrested but she is apprehending arrest and her deportation from the territory of India.
Page No.# 3/4 Issue Rule, returnable by 8 (eight) weeks.
As the learned CGC; learned Standing Counsels and learned Government Advocate, Assam, named above, have accepted notices on behalf of the respondents, no formal notice need be issued to them.
Petitioner shall serve requisite extra copies of this writ petition including the Annexures appended thereto to Mr. D J Das, learned CGC, Ms. A Verma, learned Standing counsel, Foreigners' Tribunal, Assam, Ms. K Phukan, learned Government Advocate, Assam, Mr. A I Ali, learned Standing counsel, Election Commission of India and Ms. L Devi, learned Standing counsel, NRC, Assam by 21.10.2022, obtaining necessary acknowledgements from them in that regard.
Call for the records of F.T. Case No. 7914/G/16 from the office of the learned Member, Foreigners' Tribunal No. 1, Goalpara, Assam.
As the petitioner has been declared to be a foreigner of post 25.03.1971 stream under the Foreigners Act, 1946 by the impugned opinion dated 09.05.2022 passed by the learned Member, Foreigners' Tribunal No. 1, Goalpara, Assam, noted above, she shall appear before the Superintendent of Police (Border), Goalpara on or before 15.11.2022 during the office hours between 10:00 am to 4:30 pm, along with a certified copy of this order, who shall obtain necessary information and documentation as required under the Rules from the petitioner for securing her presence.
The Superintendent of Police (Border), Goalpara, on her such appearance shall also take necessary steps for capturing the fingerprints of both hands of the petitioner and biometrics of the iris of her both eyes.
It is made clear that without giving full details of the petitioner's present address and/or destination including mobile/phone number (contact number) etc., before the Superintendent of Police (Border), Goalpara and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of said Superintendent of Police (Border), Goalpara, Assam.
Until further order of the Court, the petitioner shall not be deported from the territory of India pursuant to the impugned opinion dated 09.05.2022, noted above.
Page No.# 4/4 However, failure on the part of the petitioner to comply with the directions specified above, the authority concerned shall be at liberty to take appropriate action in accordance with law.
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.
This order be brought to the notice of the Registrar (Judicial).
Registry shall inform the Superintendent of Police (Border), Goalpara about this order forthwith.
List accordingly on a date to be fixed by the Registry.
JUDGE JUDGE Comparing Assistant