Gauhati High Court
Kamala Bala Khatriya @ Kamala Bala Das vs The Union Of India And 5 Ors on 24 February, 2021
Bench: N. Kotiswar Singh, Soumitra Saikia
Page No.# 1/3
GAHC010027932021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1045/2021
KAMALA BALA KHATRIYA @ KAMALA BALA DAS
D/O LATE ADHAR CHANDRA KHATRIYA
W/O LATE NABAKANTA KHATRIYA
RESIDENT OF VILLAGE BALABHITA, PS SORBHOG, DIST BARPETA,
ASSAM, 781313
VERSUS
THE UNION OF INDIA AND 5 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY
OF HOME DEPARTMENT, DISPUR, NEW DELHI
2:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI 06
3:SUPERINTENDENT OF POLICE (B)
BARPETA
ASSAM 781315
4:THE DEPUTY COMMISSIONER
BARPETA
BARPETA
ASSAM
781315
5:THE ELECTION COMMISSION OF INDIA
REPRESENTED BY THE CHIEF ELECTION COMMISSIONER
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NEW DELHI 01
6:STATE CO ORDINATOR
NATIONAL REGISTER OF CITIZENS(NRC) ASSAM ACHYUT PLAZA
BHARALUPAR
BHANGAGARH
GUWAHATI 78100
Advocate for the Petitioner : MR. S ALIM
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE HON'BLE MR. JUSTICE N. KOTISWAR SINGH HON'BLE MR. JUSTICE SOUMITRA SAIKIA order 24-02 -2021 [N. Kotiswar Singh, J] Heard Mr. S. Alim, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned CGC appearing for respondent No.1; Mr. J. Payeng, learned Special Counsel, F.T. for respondent Nos.2, 3 & 4; Ms. N. Upadhyay, learned standing counsel, ECI, appearing for respondent No.5 and Ms. L. Devi, learned standing counsel, NRC, appearing for respondent No.6.
Issue notice, returnable within 4(four) weeks.
No formal steps are called for in respect of respondents, as they are duly represented. However, extra copies be furnished to the learned counsel appearing for the respondents.
Registry will call for the records of F.T.Case No.201/2017 amalgamated with F.T. Case No.199/17 from the Foreigners' Tribunal No.8th, Barpeta.
Page No.# 3/3 Learned counsel for the petitioner submits that the petitioner has not yet been detained on the strength of the order dated 20.09.2018 passed in F.T. Case No.201/2017 and F.T. Case No.199/17 by the learned Member, Foreigners' Tribunal No.8 th, Barpeta.
In that view of the matter, in the meantime, the petitioner, if not already arrested, may not be arrested and deported from India. However, the petitioner shall appear before the Superintendent of Police (Border), Barpeta 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 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 fingerprints and biometrics of the iris of the petitioner, if so advised. The petitioner also shall not leave the jurisdiction of Barpeta district without furnishing the details of the place of destination and necessary information including contact number to the Superintendent of Police (Border), Barpeta.
List the matter after 4 (four) weeks.
JUDGE JUDGE Comparing Assistant