Gauhati High Court
Abdul Kuddus vs The Union Of India And 7 Ors on 18 March, 2021
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh, Manish Choudhury
Page No.# 1/3
GAHC010079702020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2408/2020
ABDUL KUDDUS
S/O LT. CHANLID ALI @ CHAN MIYA, R/O VILL. MIKIRATI HAWGAON, P.S.
DABOKA, DIST. HOJAI, ASSAM
VERSUS
THE UNION OF INDIA AND 7 ORS
REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA,
NEW DELHI-1
2:THE STATE OF ASSAM
REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
HOME DEPTT. DISPUR
GUWAHATI-6
3:THE FOREIGNERS TRIBUNAL
NAGAON COURT NO. 10TH AT SANKARDEV NAGAR
DIST. HOJAI
ASSAM
PIN-782442
4:THE DEPUTY COMISSIONER
HOJAI
P.O. SANKARDEV NAGAR
DIST. HOJAI
ASSAM
PIN-782442
5:THE SUPERINTENDENT OF POLICE (B)
HOJAI
SANKARDEV NAGAR
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DIST. HOJAI
ASSAM
PIN-782442
6:THE OFFICER IN CHARGE
P.S. DOBOKA
DIST. HOJAI
ASSAM
PIN-782428
7:THE ELECTIO COMMISSIONER OF INDIA
NEW DELHI-110001
8:THE STATE COORDINATOR
NATIONAL REGISTRATION OF CITIZENS (NRC)
BHANGAGARH
GUWAHATI-
Advocate for the Petitioner : MD. A J ATIA
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
18.03.2021 (N. KOTISWAR SINGH, J.) Heard Ms. A.H. Atia, learned counsel for the petitioner.
Issue notice, returnable within 4(four) weeks.
Mr. S.S. Roy, learned Central Government Counsel accepts notice on behalf of respondent No.1. Mr. J. Payeng, learned Special Counsel, FT accepts notice on behalf of respondent Nos.2 to 6. Ms. B. Das, learned Standing Counsel, ECI accepts notice on behalf of respondent No.7 and Ms. L. Devi, learned Standing Counsel, NRC accepts notice on behalf of respondent No.8.
As the respondents are duly represented, no formal steps need be taken in respect of them. However, the petitioner shall serve extra copies to the learned counsel for the Page No.# 3/3 respondents.
Registry to requisition the case records in respect of F.T.(D) Case No. 1656/2017 arising out of S.P.(B)'s F.T. Case No.92/2017 from the Foreigners' Tribunal, Nagaon Court No. 10th at Sanakardev Nagar, Hojai.
It is submitted at the bar that the petitioner has not yet been detained on the strength of the order dated 03.10.2019 passed by the learned Member, Foreigners' Tribunal Nagaon Court No. 10th at Sanakardev Nagar, Hojai in F.T.(D) Case No. 1656/2017 arising out of S.P. (B)'s F.T. Case No.92/2017.
If that is so, in the meantime, the petitioner if not already arrested, may not be arrested and deported from India. We also direct the petitioner to appear before the Superintendent of Police (Border), Hojai 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.5000/- (Rupees five thousand) with one local surety of the like amount to the satisfaction of the said authority whereafter he shall be allowed to remain on bail. The concerned Superintendent of Police (Border) shall also take steps for capturing the finger prints and biometrics of the iris of the petitioner, if so advised.
However, the petitioner shall not leave the jurisdiction of Hojai District without giving details of the place of destination and his place of stay to the Superintendent of Police (Border), Hojai.
Learned counsel for the petitioner submits that there are certain typographical mistake in the age of the petitioner, i.e. allowed subjecting to any objection that may be raised by the respondents at the time of hearing.
List the matter after receipt of case records.
JUDGE JUDGE Comparing Assistant