Gauhati High Court
Mohirul Islam @ Mahiruddin Ali vs The Union Of India And 5 Ors on 9 November, 2022
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/3
GAHC010223812022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7097/2022
MOHIRUL ISLAM @ MAHIRUDDIN ALI
S/O- MOKBUL HUSSAIN,
R/O- VILLAGE KADALTOLA BAGICHA,
P.O- HIRAPARA, P.S- DHULLA, DIST- DARRANG, ASSAM
VERSUS
THE UNION OF INDIA AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF INDIA,
MINISTRY OF HOME AFFAIRS, 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 ELECTION COMMISSION OF INDIA
NEW DELHI-110001
INDIA
4:THE STATE COORDINATOR
NATIONAL REGISTER OF CITIZENS
ASSAM
5:THE DEPUTY COMMISSIONER
DARRANG
MONGALDAI
DIST- DARANG
ASSAM
PIN-784115
6:THE SUPERINTENDENT OF POLICE (B)
DARRANG
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DIST- DARRANG
ASSAM
PIN-78411
Advocate for the Petitioner : MR A ALI
Advocate for the Respondent : DY.S.G.I.
BEFORE
HON'BLE MR. JUSTICE N. KOTISWAR SINGH
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
09.11.2022 [N. Kotiswar Singh, J.] Heard Mr. A. Ali, learned counsel for the petitioner. Also heard Ms. J. Sarma, learned CGC appearing for respondent No.1; Mr. G. Sarma, learned special counsel, FT, appearing for respondent Nos.2 and 6; Mr. A.I. Ali, learned standing counsel, ECI, appearing for respondent No.3; Ms. L. Devi, learned standing counsel, NRC, appearing for respondent No.4 and Ms. U. Das, learned Additional Senior Government Advocate, Assam, appearing for respondent No.5.
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 of the petition be furnished to the learned counsel appearing for the respondents.
Meanwhile, Registry will call for the records of F.T.4 th Case No.677/DHL/2015 from the Foreigners' Tribunal (4th), Darrang, Mangaldai, Assam.
Learned counsel for the petitioner submits that the petitioner has not yet been Page No.# 3/3 detained on the strength of the order dated 24.05.2018 passed in F.T.4 th Case No.677/DHL/2015 passed by the learned Member, Foreigners' Tribunal (4 th), Darrang, Mangaldai, Assam.
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), Darrang, 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 ` 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 Darrang district without furnishing the details of the place of destination and necessary information including contact number to the Superintendent of Police (Border), Darrang. It is made clear that failure on the part of the petitioner to provide relevant mobile/contact number will warrant recalling of this bail order.
Sd/- Arun Dev Choudhury Sd/- N. Kotiswar Singh
JUDGE JUDGE
Comparing Assistant