Gauhati High Court
Gadu Sheikh @ Gadu Sekh @ Md Gadu Sk @ Sadu ... vs The Union Of India And 6 Ors on 20 December, 2021
Bench: N. Kotiswar Singh, Malasri Nandi
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GAHC010200382021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6952/2021
GADU SHEIKH @ GADU SEKH @ MD GADU SK @ SADU SEKH
S/O LT. NOTIBULLA SHEIKH @ NOTIBULLA @ NOTU ULLAA @ NATI
ULLAA @ NATUBULLA SK @ NATUBULLA @ NOTUBULLAH @
NOTUBULLYA @ NOTU, R/O VILL - UZIRAR CHAR, P.S. ALOPATI, DIST.
BARPETA, ASSAM (IN F.T. CASE ADDRESS WRITTEN AS VILL -
TINKONIAPARA (FARM), P.S. MORNOI, DIST. GOALPARA, ASSAM.
VERSUS
THE UNION OF INDIA AND 6 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY
OF HOME AFFAIR, NEW DELHI - 1.
2:THE ELECTION COMMISSION OF INDIA
REPRESENTED BY THE CHIEF ELECTION COMMISSIONER
INDIA
NEW DELHI - 01.
3:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI - 781006.
4:THE STATE CO-ORDINATOR
NRC
ASSAM
BHANGAGARH
GUWAHATI
PIN - 781005.
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5:THE DEPUTY COMMISSIONER
GOALPARA
ASSAM
DIST. GOALPARA
PIN - 783101.
6:THE SUPERINTENDENT OF POLICE (B)
GOALPARA
DIST. GOALPARA
ASSAM
PIN - 783101.
7:THE OFFICER-IN-CHARGE
MORNOI POLICE STATION
DIST. GOALPARA
ASSAM
PIN - 783101
Advocate for the Petitioner : MR. J AHMED
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MRS. JUSTICE MALASRI NANDI
:: O R D E R ::
20.12.2021 [N. Kotiswar Singh, J] Heard Ms. A. Hussain, learned counsel for the petitioner.
Issue notice, returnable within 4(four) weeks.
Ms. L. Devi, learned counsel appearing on behalf of Mr. R.K.D. Choudhury, learned ASGI accepts notice for respondent No.1; Ms. Devi also accepts notice on behalf of respondent No.4 as the learned Standing Counsel, NRC; Mr. A.I. Ali, learned Standing Counsel, ECI accepts notice on behalf of respondent No.2; Ms. A. Verma, learned Special Counsel, Foreigners Tribunal accepts notice on behalf of respondent Nos. 3, 6 & 7 and Ms. K. Phukan, learned Govt. 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 F.T. Case No. FT-(G-4)M/361/18 [Ref. FT Case No. 92/11] from the Foreigners Tribunal-4th, Goalpara, Assam.
In the meantime, in the event, if the petitioner has not been detained on the strength of the opinion dated 30.10.2021 rendered by the learned Member, Foreigners Tribunal-4 th, Goalpara, Assam in F.T. Case No.-FT(G-4)M/361/18 [Ref. FT Case No. 92/11], 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), Goalpara within 15(fifteen) days from today, who may obtain necessary information and documentation as required under the rules from the petitioner for securing his presence. On such appearance, the petitioner shall furnish a 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 concerned Superintendent of Police (Border) shall also take steps for capturing the finger prints and biometrics of the iris of the petitioner, if so advised.
The petitioner shall not leave the jurisdiction of Goalpara District without giving details of the place of destination and his place of stay to the Superintendent of Police (Border), Goalpara.
List the matter after receipt of case records.
JUDGE JUDGE Comparing Assistant