Gauhati High Court
Barun Mandal vs The Union Of India And 6 Ors on 7 September, 2022
Author: M.R.Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/4
GAHC010179272022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5854/2022
BARUN MANDAL
S/O- LT. JADAB MANDAL @ JADAB NAMODAS,
RESIDENT OF VILL- 8 NO. KAWAIMARI BLOCK,
P.S. SARTHEBARI,
DIST.- BARPETA, ASSAM.
PIN- 781307.
VERSUS
THE UNION OF INDIA AND 6 ORS
REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME
AFFAIRS, GOVT. OF INDIA, NEW DELHI-1.
2:THE ELECTION COMMISSION OF INDIA
NEW DELHI-1.
3:THE STATE OF ASSAM
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-06.
4:THE COORDINATOR
NATIONAL REGISTER OF CITIZENS (NRC)
ASSAM
BHANGAGARH
GUWAHATI-05.
5:THE DEPUTY COMMISSIONER
BARPETA
DISTRICT- BARPETA
Page No.# 2/4
ASSAM.
6:THE SUPERINTENDENT OF POLICE (B)
BARPETA
DISTRICT- BARPETA
ASSAM.
7:THE OFFICER-IN-CHARGE
SARTHEBARI POLICE STATION
DISTRICT- BARPETA
ASSAM
Advocate for the Petitioner : MR. M I HUSSAIN
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
07-09-2022 (M.R.Pathak, J) Heard Mr. M I Hussain, learned counsel for the petitioner and Mr. A K Dutta, learned CGC for the respondent No. 1. Also heard Mr. A I Ali, learned Standing counsel, Election Commission of India for the respondent No. 2; Mr. G Sharma, learned Standing counsel, Foreigners' Tribunal, Assam for the respondent Nos. 3, 6 & 7; Ms. L Devi, learned Standing counsel, NRC for the respondent No. 4 as well as Ms. U Das, learned Government Advocate, Assam for the respondent No. 5.
By the impugned opinion/order dated 05.01.2021, the learned Member, Foreigners' Tribunal-III, Barpeta in F.T. Case No. 896(III)/2013, arising out of Ref. IMDT Case No. 5800/1998 opined the petitioner to be a foreigner under the Foreigners Act, 1946.
Being aggrieved with the same, the petitioner has preferred this writ petition.
It is stated by the petitioner that he has not yet been taken into custody in pursuance of the impugned opinion/order dated 05.01.2021, noted above.
Issue notice, returnable by 8 (eight) weeks.
Page No.# 3/4 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. A K Dutta, learned CGC; Mr. A I Ali, learned Standing Counsel, Election Commission of India; Mr. G Sharma, learned Standing Counsel, Foreigners Tribunal; Ms. L. Devi, learned Standing Counsel, State Coordinator, NRC, Assam as well as Ms. U Das, learned Government Advocate, Assam by tomorrow i.e. 08.09.2022, obtaining necessary acknowledgements from them in that regard.
Call for the records of F.T. Case No. 896(III)/2013, arising out of Ref. IMDT Case No. 5800/1998 from the office of the learned Member, Foreigners' Tribunal-III, Barpeta, Assam.
As the petitioner has been declared to be a foreigner under the Foreigners Act, 1946 by the impugned opinion/order dated 05.01.2021 passed by the learned Member, Foreigners' Tribunal-III, Barpeta, noted above, he shall appear before the Superintendent of Police (Border), Barpeta on or before 22.09.2022 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 his presence. On such appearance, the petitioner shall furnish a bail bond of Rs. 5,000/- with one local surety of like amount to the satisfaction of the said authority. Thereafter, the petitioner shall be allowed to remain on bail.
On his such appearance before the Superintendent of Police (Border), Barpeta, the said authority shall take necessary steps for capturing the fingerprints of both hands of the petitioner and biometrics of the iris of his 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), Barpeta and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of said Superintendent of Police (Border), Barpeta.
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).
Page No.# 4/4 Registry shall inform the Superintendent of Police (Border), Barpeta, about this order forthwith.
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.
List accordingly on a date to be fixed by the Registry.
JUDGE JUDGE Comparing Assistant