Gauhati High Court
Majid Ali @ Abdul Majid vs Union Of India And 5 Ors on 16 December, 2022
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/3
GAHC010247622022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8090/2022
MAJID ALI @ ABDUL MAJID
S/O- LATE JOYNUDDIN,
R/O- VILL GAMARIGURI,
P.S- BARPETA ROAD,
DIST- BARPETA, ASSAM
VERSUS
UNION OF INDIA AND 5 ORS
REP. BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, GOVT. OF
INDIA, SASTRI BHAWAN, TILOK MARG, NEW DELHI- 110001.
2:THE STATE OF ASSAM
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME AND POLITICAL DEPARTMENT
DISPUR
GUWAHATI-6
3:THE DEPUTY COMMISSIONER
P.O AND DIST- BARPETA
ASSAM
PIN-781301
4:THE SUPERINTENDENT OF POLICE (B)
P.O AND DIST- BARPETA
ASSAM
PIN-781301
5:THE ELECTION COMMISSIONER OF INDIA
NEW DELHI-110001
6:THE STATE COORDINATOR
Page No.# 2/3
OF NATIONAL REGISTER OF CITIZENS
ASSAM
BHANGAGARH
GUWAHATI-05
DIST- KAMRUP (M
Advocate for the Petitioner : MR. A R SIKDAR
Advocate for the Respondent : DY.S.G.I.
BEFORE HON'BLE MR. JUSTICE N. KOTISWAR SINGH HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY 16.12.2022 [N. Kostiswar Singh, J] Heard Mr. A.R. Sikdar, learned counsel for the petitioner.
Issue notice, returnable within 4(four) weeks.
Mr. B. Sarma, learned CGC accepts notice on behalf of respondent no.1; Ms. A. Verma, learned Special Standing Counsel, F.T. accepts notice on behalf of respondent no. 4; Mr. A.I. Ali, learned Standing Counsel, ECI, accepts notice on behalf of respondent no.5, Ms. L. Devi, learned Standing Counsel, NRC accepts notice on behalf of respondent no.6 and Ms. U. Das, learned State Counsel, Assam, accepts notice on behalf of respondent nos.2 & 3.
As the respondents are duly represented, no formal steps are called for in respect of the respondent. However, extra copies be furnished to learned counsel appearing for the respondents.
Registry will call for the records in respect of Case No.(BPT/11 th) FT-1785/2017 from the Foreigners Tribunal, Barpeta 11th, Assam.
In the meantime, if the petitioner has not yet been detained on the strength of Page No.# 3/3 the order dated 24.05.2022 passed by the learned Member, Foreigners Tribunal, Barpeta 11th, Assam in Case No.(BPT/11 th) FT-1785/2017, the petitioner shall not be taken into custody 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 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), Barpeta shall also take steps for capturing the fingerprints of both hands and biometrics of the iris of the petitioner. The petitioner also shall not leave the jurisdiction of Barpeta district without furnishing the details of the place of destination and his place of stay to the Superintendent of Police (Border), Barpeta including relevant contact/mobile number.
It is made clear that failure on the part of the petitioner to provide relevant Page mobile/contact number will warrant recalling of this bail order.
List the matter in admission column after receipt of records.
JUDGE JUDGE Comparing Assistant