Gauhati High Court
Md. Chand Miah @ Chan Miah vs The Union Of India And 5 Ors on 4 December, 2023
Author: M. R. Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010237802023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6794/2023
MD. CHAND MIAH @ CHAN MIAH
S/O- LATE FAKIR CHAN @ FAKIRCHAND,
R/O- VILLAGE GORAIMARI SATRA,
P.O- TUKRAPARA,
P.S- CHHAYGAON,
DIST- KAMRUP (R), ASSAM, PIN-781137
VERSUS
THE UNION OF INDIA AND 5 ORS
REP. BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, 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
KAMRUP (RURAL)
AMINGAON
P.O- AMINGAON
DIST-KAMRUP (R)
ASSAM
PIN-781031
4:THE SUPERINTENDENT OF POLICE (B)
KAMRUP (RURAL)
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AMINGAON
P.O- AMINGAON
DIST-KAMRUP (R)
ASSAM
PIN-781031
5:THE ELECTION COMMISSIONEROF INDIA
NEW DELHI-01
6:THE ASSAM STATE COORDINATOR
OF NRC
BHANGAGARH
GUWAHATI-0
Advocate for the Petitioner : MR. A R SIKDAR
Advocate for the Respondent : DY.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 04.12.2023 (M. R. Pathak, J) Heard Mr. A. R. Sikdar, learned counsel for the petitioner.
2) No representation on behalf of the respondent No.1, Union of India.
3) Also heard Ms. A. Verma, learned Standing Counsel, Home Department, Assam for the respondent Nos. 2 & 4; Mr. P. Sharma, learned Additional Senior Government Advocate, Assam for the respondent No. 3; as well as Mr. A. I. Ali, learned Standing Counsel, Election Commission of India for the respondent No. Page No.# 3/5
5.
4) This writ petition has been filed by the petitioner on 21.11.2023 challenging the impugned order dated 28.03.2023 as well as the impugned opinion dated 03.05.2023, passed by the learned Member, Foreigners' Tribunal, Kamrup (Rural) No. 1, Assam in G.F.T.(R) Case No. 1049/2017, arising out of Ref. IMDT Case No. 922/2003, whereby, he was declared as a foreigner/illegal migrant under the Foreigners Act, 1946, who had illegally entered into the territory of India (Assam) from the specified territory of Bangladesh on or after 25.03.1971.
5) Before proceeding further, we propose to examine the record of BFT Case No. 683/2016, decided on 24.04.2017 by the learned Member, Foreigners' Tribunal No. 2, Kamrup (Rural) at Boko, as well as the record of G.F.T.(R) Case No. 1049/2017, decided on 03.05.2023 by the learned Member, Foreigners' Tribunal, Kamrup (Rural) No. 1, Assam at Guwahati.
6) Registry shall call for the record of BFT Case No. 683/2016 from the office of the learned Member, Foreigners' Tribunal No. 2, Kamrup (Rural) at Boko as well as the record of G.F.T.(R) Case No. 1049/2017 from the office of learned Member, Foreigners' Tribunal, Kamrup (Rural) No. 1, Assam at Guwahati, respectively.
7) A Copy of this order requisitioning the case records and the forwarding Page No.# 4/5 letter by which the case records are sent to this Court, be made part of the record file of the Tribunal.
8) In the interim, the petitioner, namely, Md. Chand Miah @ Chan Miah, if has not already detained in custody, shall not be taken into custody and deported from the territory of India, subject to the condition that he shall appear before the Superintendent of Police (Border), Kamrup (R), Amingaon on or before 20.12.2023 during the office hours and shall furnish a bail bond of Rs.5,000/- with one local surety of the like amount to the satisfaction of the said authority.
9) On his appearance before the Superintendent of Police (Border), Kamrup (R), Amingaon, as directed above, the said authority shall obtain necessary information and documentation as required under the Rules from the petitioner for securing his presence.
10) Further, the Superintendent of Police (Border), Kamrup (R), Amingaon is directed that on appearance of the petitioner within the period indicated above, the biometrics of the iris of both eyes, the fingerprints of both hands and the photograph of the petitioner shall be obtained, where after, he shall be allowed to remain on bail.
11) It is made clear that without giving full details of the petitioner's present address and/or destination before the Superintendent of Police (Border), Kamrup (R), Amingaon and without obtaining any prior written permission from the said authority, the petitioner shall not leave the jurisdiction of said SP Page No.# 5/5 (Border), Kamrup (R), Amingaon.
12) Failure on the part of the petitioner to comply with the aforesaid directions, the bail granted to him shall stand automatically vacated and he shall be liable to be taken back into custody.
13) This order be brought to the notice of the Registrar (Judicial).
14) On the returnable date, the petitioner shall apprise the Court as to when he appeared before the Superintendent of Police (Border), Kamrup (R), Amingaon, as directed above.
15) Mr. P. Sharma, learned Additional Senior Government Advocate, Assam shall also submit a report regarding the authenticity/genuineness of the Permanent Resident Certificate issued by the Deputy Commissioner, Kamrup on 08.04.1986.
16) Registry shall list this matter for motion immediately on receipt of the record, from the concerned Foreigners' Tribunal.
JUDGE JUDGE Comparing Assistant